A Complex Issue: Beware Late Building Penalties

“Home wasn't built in a day.” (Jane Ace, radio comedian) You find the perfect plot on which to build your dream home in a security estate. Your offer is accepted and transfer proceeds – happy days! So, imagine your distress when, having proudly taken ownership, you are suddenly told by the HOA (Homeowners’ Association) that [...]

By |2025-03-12T12:03:50+02:00February 1st, 2025|Commercial Law, Property, Property Law|Comments Off on A Complex Issue: Beware Late Building Penalties

How Can I Buy Property in South Africa as a Foreigner?

“I never knew of a morning in Africa when I woke up that I was not happy.” (Ernest Hemingway)   Are you a visitor dreaming of waking up with giraffes on your lawn and wondering how to make it happen? Or a local being asked by overseas friends and relatives: “This country’s magic, how can [...]

By |2025-03-12T11:56:41+02:00January 1st, 2025|Property|Comments Off on How Can I Buy Property in South Africa as a Foreigner?

Who Appoints the Conveyancer? Your House, Your Choice

“A man’s home is his castle.” (Sir Edward Coke, English common law ruling, 1604) Of course, what we all want to hear at the end of our house-selling journey is something like this: “Congratulations! You sold for a good price, the buyer’s taken transfer and you’ve been paid the purchase price. Time to pop the bubbly🍾". [...]

By |2025-03-12T11:50:17+02:00December 1st, 2024|Property|Comments Off on Who Appoints the Conveyancer? Your House, Your Choice

Blue Skies Ahead for Property? Be Prepared with this Buyer’s Checklist

“Don’t wait to buy land, buy land and wait.” (Will Rogers) Summer’s a great time to look for property. With the year winding down and the holiday season upon us, many sellers who’ve been holding back are now putting their properties back onto the market, so expect to see some great new buys out there. [...]

By |2025-03-12T11:43:27+02:00November 1st, 2024|Property|Comments Off on Blue Skies Ahead for Property? Be Prepared with this Buyer’s Checklist

Three Ways to Protect Yourself from the Nightmare Neighbour in Your Complex

“A bad neighbour is a misfortune, as much as a good one is a great blessing.” (Hesiod, 700 BCE) It seems that every community has at least one nightmare neighbour who delights in objecting to everything, fighting with residents and management at every turn, and becoming abusive and aggressive when they don’t get their way. [...]

By |2025-03-12T11:34:59+02:00October 1st, 2024|Property|Comments Off on Three Ways to Protect Yourself from the Nightmare Neighbour in Your Complex

Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward

“This sale agreement is no more! It has ceased to be! This is an EX-sale!” (With apologies to Monty Python) A “bond clause” – standard in most property sale agreements – typically provides that the whole sale depends on the buyer obtaining a mortgage bond by a specified date. If the deadline comes and goes [...]

By |2025-03-12T11:31:23+02:00September 1st, 2024|Property, Property Law|Comments Off on Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward

It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?

“Many people including workers in South Africa do not have the wherewithal to determine between a qualified doctor, an unqualified doctor and one who is operating illegally. That is why there are regulatory and law enforcement bodies to whom suspicious practices by doctors should be reported.” (Extract from judgment below) “Sick leave season” is still [...]

By |2025-03-12T11:21:27+02:00August 1st, 2024|Property, Public law|Comments Off on It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?

The Garage Door That Had the Complex Up in Arms

“Good fences make good neighbours.” (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment block) you automatically become a member of its management body: either a Homeowners Association (“HOA”) if your property is full-title or freehold, or a Body Corporate if your property is part of a [...]

By |2025-03-12T11:20:14+02:00August 1st, 2024|Property, Public law|Comments Off on The Garage Door That Had the Complex Up in Arms

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

“[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk” (extract from judgment below) Cybercriminals absolutely love targeting property transactions because they provide the perfect mix of large money deposits, heavy reliance on email communication from trusted parties like attorneys, banks and estate agencies, and deadlines creating [...]

By |2024-07-22T10:26:00+02:00July 1st, 2024|Property, Property Law|Comments Off on Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

“A verbal contract isn't worth the paper it's written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent to let out your property. Whatever the transaction involved, make sure that the agency mandate [...]

By |2024-07-22T10:18:48+02:00June 1st, 2024|Property, Property Law|Comments Off on Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On
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