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Contractual Matters

Appointing multiple executors of a deceased estate

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The decision of who should be appointed as the executor of an estate can be made by the testator. While it is common for a single person to be appointed, it is also possible for a testator to appoint more than one person to share this role which can bring with it certain added complications.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Buying a property with an existing tenant

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When purchasing a property with a tenant already in place, certain aspects should always be considered before the offer to purchase is signed.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The long lease

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There has been a great deal of talk about 99-year leases which seems to have many, including Parliament, in a frenzy. What does a 99-lease entail? What happens at the end of the lease? Can your children inherit this piece of land? Below we answer some of the key concerns when it comes to a long lease.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Compliance Certificates and Home Inspections

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Before a property is sold and registered in the buyer’s name, it’s important that it is compliant with relevant regulations and that all parties are aware of the condition of the property and what maintenance or repairs might be needed. The buyer and seller each have responsibilities in this regard and it is important that both parties fulfil these obligations.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

4 common mistakes when selling your home

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Whether you’re selling your home for the first time or you’ve done it all before, it’s easy to get caught out by a few common pitfalls. That’s why we’ve put together this guide on four common mistakes and how you can avoid them.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Purchase and ownership of vacant land

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Building on vacant land has unmatched possibilities when creating your dream home. There are, however, a few other aspects to consider when purchasing vacant land.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The difference between movable and immovable property

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Miscommunication on what constitutes movable and immovable property can complicate the sale of a property and may even lead to litigation. It is important to draw a distinction between these when you sell or purchase a property in order to obtain clarity on what will be included in the property transfer.

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Snymans Attorneys | Residential and Commercial Property Transfers
Contractual Matters

How to ensure a quick and smooth property transfer

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There will always be elements in a property transaction that will be out of your control as the purchaser or seller, however some elements can be managed in a way as to avoid unnecessary delays.

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What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

Marriage in or out of community of property?

20727

The marital regime selected at the time of entering into a marriage will have a significant impact on how ownership of property is dealt with within the marriage, which is why it is important to understand the different options available and select the one that best suits you.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Minors and immovable property

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While the process for transferring ownership of immovable property remains largely the same in cases where one of the parties to the transfer is a minor, the minor’s contractual capacity must be carefully considered.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Cash is king – what you need to know as a cash buyer

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The general sentiment is that a cash purchase is always a better option when buying property. However there are many factors to be considered before putting pen to paper.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Always look under the rug

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While a property seller is legally required to disclose any known defects of the property, what can a buyer expect when it comes to unusual characteristics, quirks or abnormal qualities?

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Beetle free certificates

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There are a number of compliance certificates that a seller is required to submit to confirm that the property is in good condition, prior to concluding a sale. Some of these certificates are only required under specific circumstances, for example the borer beetle certificate.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Joint ownership is not all love and romance

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There’s no denying that it’s tough to break into the property market and that doing this with your partner can be both a financial imperative and an exciting and romantic idea. While there are certainly benefits to jointly buying a property with your partner, it’s also important to go in with your eyes wide open for this endeavour to have the best possible chances of success.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Making your property work for you – the do’s and don’ts of running a guesthouse

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Opening a guesthouse can be a lucrative endeavour, but before taking the plunge and converting a residence into a financially rewarding business, there are important steps to be followed and considerations to be taken into account.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Immovable property and inheritance

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According to South African law, an individual has the right to dispose of his or her estate as he or she wishes by stipulating this in a will. However, this right may be limited when in the public interest.

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Snymans Attorneys | Residential and Commercial Property Transfers
Contractual Matters

This is your year for a successful property sale

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A new year always brings with it endless opportunity and is the perfect time to forge ahead with new plans and make the first move to achieve goals. If your aim is to sell your property, then follow these keys steps in helping to make sure it’s a successful and lucrative process.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Buying a property off-plan

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Buying off-plan can seem daunting for purchasers as you are buying a property that is yet to be completed. On the upside, this has become a profitable approach to the property market and indeed, the proverbial early bird does then catch the worm. There are of course many factors to consider before such a decision is made.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Beware of scams

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Fraudulent scams affect all industries and can be hugely detrimental and costly. The best way in which consumers can protect themselves from falling victim to such a scam is being able to identify the warning signs.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

The right of first refusal

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A right of first refusal is a mechanism in a contract that affords the holder of such right the preference to buy a particular property, should the owner ever choose to sell it.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Different forms of ownership

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There are a number of forms of ownership of immovable property in South Africa, and sometimes prospective buyers as well as homeowners are not aware of the intricacies of each. To take the mystery out of this for you, we have put together the basics on each of the 3 most common types of ownership: full title ownership, sectional title ownership and long-term lease.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Auctions in the property industry

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To help buyers looking to purchase property on auction, here is some crucial information relating to auctioned property.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The sale of a property as a going concern

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Given certain conditions being met, a property can be transferred as a ‘going concern’ which can be beneficial to the transacting parties.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The Lapsed Offer to Purchase

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For prospective buyers who have found the right property, it is always an exciting but also a daunting time when an Offer to Purchase (OTP) has been signed and presented to the seller. The wait then begins before finding out whether or not it has been accepted.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Signing suretyship

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Signing surety for another person, whether family, business partner or friend, can seem like a simple formality in order to help that person successfully conclude an important transaction. But before signing on the dotted line, make sure you know what you’re in for.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying one party’s share of a jointly owned property

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There are a number of ways to deal with the undivided shares in fixed property held by two or more people. In the case of joint ownership by married persons, one such way is by one party becoming the sole owner of a property. The process for this will depend heavily on the matrimonial regime selected at the time of marriage.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The terms of an estate agent mandate

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One of the most important purposes of signing an estate agent mandate is to create a binding agreement between the estate agent and the seller that sets out the terms of the arrangement agreed upon to market and sell the property.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Demystifying the voetstoots clause

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Because there is no specific wording that accompanies a voetstoots clause in the agreement of sale for immovable property, it is not always immediately apparent to non-property professionals what this clause really means.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Selling a property out of a deceased estate

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There are two major differences between the sale of a property out of a deceased estate and a “normal” sale…

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Can I object to my neighbour’s renovations?

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Renovations have the potential to sour the best of neighbourly relationships, but what are the legal rights and obligations when it comes to an owner undertaking property renovations? Here are a few things to know…

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

The do’s and don’ts of buying a property

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Every property agreement contract is slightly different, but with our years of experience as conveyancing attorneys, we have identified some key do’s and don’ts that can help make a property sale a success for all parties concerned.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Agreements of sale of immovable property: Part 2 – Tips for Buyers and Sellers

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Following on from Part 1, there are a number of aspects relating to the basic sections within a contract of sale that should be considered before either party signs on the dotted line.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Agreements of sale of immovable property: Part 1 – Terms of the Agreement

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In terms of the Alienation of Land Act, 68 of 1981, an agreement for the sale of immovable property, also known as an Offer to Purchase (OTP) in the industry, must be in writing and signed by the parties thereto. The OTP must further contain three essential elements to be legally binding:

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying a property for someone else

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While a less common scenario, it is possible for an individual to make an investment in or finance the purchase of a property with the intention of another becoming the owner, and although the transfer process remains largely unchanged, there are a few things to be aware of.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Rent-to-buy agreements

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The reality of the current South African economic climate is such that a considerably large number of bond applicants are unsuccessful, while sellers often experience difficulties in selling their properties at a desirable price. The rent-to-buy option is one that addresses both the buyer and seller’s concerns.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Why do I need a transfer attorney?

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Buying a property is the largest purchase that many of us will make in a lifetime, and as such should be dealt with carefully and with the assistance of experts in the field.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying Property on Auction

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Buying a property on auction, while potentially offering valuable investment opportunities, can be daunting to those not familiar with the process. But with some basic background and know-how, it need not put off potential buyers.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Drawing up a will – what you should know

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The death of a loved one is a difficult time, and the administration and distribution of the deceased estate can involve a great deal of time and work, but a valid Last Will and Testament can ease the pressure considerably.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Think before you sign – an offer to purchase is a legally binding contract

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An offer to purchase (OTP) can be seen as the quintessential document governing the sale agreement between the seller and purchaser. As such, it should be completed accurately and with great care.

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What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

What can be considered when entering into an Antenuptial Contract

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For those entering into a marriage out of community of property, an antenuptial contract (ANC) is a must and therefore plays an integral role. And while there are many elements that are typically included, an antenuptial contract can be drafted in a number of ways to suit the unique needs of individuals.

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Contractual Matters

Latent vs patent defects

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Making an informed decision regarding the potential investment opportunity when purchasing a property relies significantly on having a clear idea of both latent and patent defects relating to the property.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Extending your bond

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A bond or home loan is often a necessity when buying a property and many consider the primary aim to be paying this loan off, but there are a number of alternatives that could come in handy.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Cancelling your bond: What you need to know

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Paying off and cancelling a home loan is often viewed as a significant goal being achieved, but before launching into this step, there are a number of aspects to consider – not least of which is whether cancelling the bond is, in fact, the right decision.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What you should know before buying a house as an unmarried couple

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While there are important considerations for unmarried couples who choose to enter the property market together, doing so with care should still result in a positive long-term investment.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Retirement Villages and Life Rights

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We commonly discuss the merits of, and differences between freehold and sectional title properties, but retirement villages often provide a third alternative to these two forms of ownership – Life Right Schemes – for those looking for a lifestyle change in old age.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

As the new owner, when can I move in?

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Timing your move in conjunction with the registration of a property transfer can be tricky, but there are ways to manage occupation dates through the contract of sale.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

How sellers can optimise their chances of success

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Bond approval conditions in an offer to purchase, the continued marketing clause, and how these work in practice.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

He Said, She Said

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The most common causes of Estate Agent commission disputes and how to avoid them.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Until divorce do us part

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The divorce process can be complicated by many factors, one of which is the ownership of immovable property.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Contract of sale: These clauses could cost you

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To reduce risks and avoid any disagreements or negative outcomes, there are a few vital things that should be included in the contract of sale.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What to do when tenants refuse to leave

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Eviction is a tricky process and one which needs to be handled correctly to avoid any legal repercussions – if the correct process is not followed, the landlord may be punished by the courts and in the most severe cases, imprisoned.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Can I reject a signed offer to purchase in favour of a higher offer?

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An offer to purchase is a legal document and, once signed by both the buyer and seller, it becomes a legally binding agreement.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What happens if a suspensive condition is not met?

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A suspensive condition is a term or clause within a contract that clearly stipulates a particular criterion that must be met in order for the contract to come into force. Should the suspensive condition(s) not be met, the contract will be void.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

What happens to the ownership of my property when I get married?

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There are three types of marriages that one can enter into in South Africa, each of which will have different consequences on the ownership of property.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Exclusive use area rights must be registered

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Exclusive use areas, a common feature in sectional title properties, often cause uncertainty in the minds of property owners when it comes to rights over this land.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Why was I not given the title deed for my property?

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Ownership seems like a simple concept; you buy something and you become the sole owner of that object. Unfortunately, the reality is not always quite as straightforward as it seems.

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Verbal vs. written contracts

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Although verbal contracts are binding under South African law, it is often important, and in some circumstances necessary, to put something in writing.

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Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

The sale of immovable property?

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What does the process of selling / buying a property entail?

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What causes registration delays?

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What can cause my transfer / bond registration to be delayed?

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Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Rates & Taxes Clearance Certificate

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Why is it necessary for a Rates and Taxes Clearance Certificate to be issued?

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