Choose Your Conveyancer with Care! A Cautionary Tale of “Fraud Unravels All”
“Fraud unravels property transactions even where innocent third parties are involved.” (Extract from judgment) Congratulations, you’re the proud new owner of your dream home! Your name’s on the title deeds, and your ownership is registered in the Deeds Office. That’s conclusive proof that the house is yours, right? Regrettably, this isn’t always the case… Although […]
Your Top 10 (Legal) New Year’s Resolutions for 2026
“My New Year’s resolution is to stop procrastinating. I’ll start tomorrow.” (Anonymous) Most New Year’s resolutions are vague, unwritten, and destined to be forgotten in the first week of January’s hustle and bustle. But please don’t neglect this Top Ten list of legal issues that we’ve put together for you. Focus on those that are […]
The Transfer Process in a Nutshell
“Don’t wait to buy real estate. Buy real estate and wait.” (Will Rogers) Spring is in the air and, as the annual uptick in property sales kicks in, let’s address two questions commonly asked by both sellers and buyers who are unsure about exactly what happens after they sign their sale agreement: How does the […]
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 […]