DTS Attorneys – Law Firm in Port Elizabeth

Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!

It’s an exciting time, buying a property. But don’t let your guard down – cybercriminals love the lucrative pickings on offer from property transactions, and they never sleep!

We’ll discuss the recent Supreme Court of Appeal case of a widow who, in trying to pay over the purchase price of a house, lost her R5.5m when her email system was hacked and she fell victim to a textbook email scam. Why did the SCA rule against her? How should she have protected herself? We’ll address those questions and share 5 steps you should take immediately to avoid falling into the same trap.

Can you use land use laws to close down a neighbour’s business?

“A bad neighbour is as great a calamity as a good one is a great advantage”. (Hesiod, poet of Ancient Greece) Your neighbour’s business is driving you to distraction. Perhaps it’s loud all-night music, or an invasion of your hard-earned privacy, or illegal parking in your driveway, but regardless of what the nuisance factor is, […]

Property buyers: The danger of not doing your financial homework

“Look before you leap” (wise old proverb) Don’t let the excitement of buying a property blind you to the necessity of doing your homework before you agree to anything. Look before you leap! It’s not just a matter of buying the right property at the right price – make sure that your finances (and particularly […]

When Your Tenant ‘Does A Duck’

Tips for landlords when their tenant does a disappearing act. Everyone who has let out property knows that sickening feeling when you find out that your tenant has disappeared. Most of the time there are signs—usually unpaid or late paid rental. Some tenants plan to go without paying, while others just cannot pay. What should […]

Is A Seller Held Liable To Repair A Leaking Roof After The Property Is Sold?

The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and the roof leaks. Is the Seller liable to repair the roof or the Purchaser, as the new owner? To understand which party is liable, one must appreciate the difference […]

Dream Holiday Or Nightmare! An Overview Of The Time-Share Industry

This article broadly looks at property time-share and the legislation regulating it. The problems and complaints by consumers trapped in the empty and misleading promises advertised to them by the time-share industry are also addressed. In part one, the article gives a broad outline of what the Property Time-Sharing Control Act entails and specific definitions […]

Landlords: Zoning law contravention could invalidate your lease

“…it is a general rule that a contract impliedly prohibited by statute is void and unenforceable…” (extract from judgment below) Here’s yet another warning from our courts of the importance of complying with your local municipal zoning laws, whether you buy property to live in, as a capital investment, or to let out. One risk […]

Property Sellers: Why, How And When To Choose Your Own Conveyancer

“A great deal is at stake in the transfer of fixed property. It is generally the largest single asset that a person owns and the transaction for the purchase or sale of a fixed property is probably the most important contract undertaken by individuals” (Law Society of South Africa) For many of us, our home […]

Can You Change Your Marital Regime After Marriage?

Wedding bells are ringing, and the legal niceties of how the marriage will affect your “matrimonial property system” may not be high on your priority list. They should be – your choice of marital regime now is critical. You don’t want for example to find that you can’t get a mortgage bond or have your […]

When Bond Clauses Sink Sales

Selling or buying a house is a time of excitement and the culmination of a lot of time and effort on your part, so as soon as the ink dries on your signed sale agreement you will want the transfer process to get underway, and you will want it to keep going without a hitch. […]

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