Advice &amp; News

Legislative Guidelines

Regulating Client Engagement: The Legal Practice Act

The process regulating client engagement has been amended in terms of the Legal Practice Act, 28 of 2014 (LPA), effective as of 1 November 2018.

November 2, 2018

Sectional Title Governance

Fining a member in a sectional title scheme

Sectional title schemes rely heavily on its members to ensure the effective functioning and operation of the scheme. While often not the first port of call, should other avenues have already been explored, there are situations in which a member of the sectional title scheme may be fined for contravening management or conduct rules.

Property Finance

Your bond settlement amount – a brief guide

The sale of a property can often bring with it unforeseen expenses, but this needn’t be the case. To take the mystery out of bond settlement costs, we have put together this brief overview so that sellers can plan appropriately and avoid being caught off guard.

Different forms of ownership of immovable property

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.

The right of first refusal

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.

Legislative Guidelines

Historical municipal debt

Prior to the landmark decision in Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] there was some uncertainty around debts incurred by previous owners of a property.

August 31, 2018

The sale of a property as a going concern

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

August 31, 2018

Auctions in the property industry

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

August 31, 2018

Buying one party’s share of a jointly owned property

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.

July 22, 2018

Signing suretyship in South Africa

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.

July 22, 2018

The Lapsed Offer to Purchase

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.

July 22, 2018

Sectional Title Governance

Homeowners Associations (HOA) and Body Corporates

For a number of reasons, popularity of sectional title schemes and homeowners associations have risen over the last couple of years, including better security options, affordability and unique living spaces. Understanding the differences between these two bodies is a must for any prospective home buyer in modern day communal living.

July 5, 2018

Property Finance

Multiple mortgages

Extending finance on a home loan is possible in two ways: accessing funds under security of the already registered bond or, should the security provided under this bond not be sufficient, a second bond can be registered.

July 5, 2018

The terms of an estate agent mandate

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.

July 5, 2018