Validity of Wills by Elderly Testators: Capacity and Onus
Contractual Matters

Validity of Wills by Elderly Testators: Capacity and Onus

This case highlights crucial legal issues about the validity of wills from elderly testators, particularly testamentary capacity and the burden of proof.

September 16, 2024
Is an Unsigned Will Invalid?
Contractual Matters

Is an Unsigned Will Invalid?

Under the Wills Act 7 of 1953, a valid will must be signed by the Testator/Testatrix with two witnesses. If not, the law may still consider the deceased's intent.

September 13, 2024
Property Practitioners' Duty to Disclose Material Facts
Contractual Matters

Property Practitioners' Duty to Disclose Material Facts

Full disclosure in property transactions is crucial to avoid legal consequences for both the practitioner and the seller.

July 5, 2024
Upholding Contractual Formalities in Sale Agreements
Contractual Matters

Upholding Contractual Formalities in Sale Agreements

Parties in sale agreements must prioritise clarity, precision, and strict adherence to terms to avoid disputes and ensure enforceability.

May 31, 2024
Consumer Protection Act & Lease Agreements
Contractual Matters

Consumer Protection Act & Lease Agreements

A lease agreement establishes terms between a tenant and landlord, creating a consumer-supplier relationship with legal obligations for both parties.

March 22, 2024
Understanding Occupational Rent in South Africa
Contractual Matters

Understanding Occupational Rent in South Africa

We investigate occupational rent, which involves payment for occupying a property before or after its ownership transfer.

March 15, 2024
Understanding Debtor Substitution
Contractual Matters

Understanding Debtor Substitution

Transfer a land bond to a new owner easily under Section 57 of the Deeds Registries Act for changes in co-ownership or inheritance.

January 29, 2024
Navigating South African Marriages: Insights from Snymans
Contractual Matters

Navigating South African Marriages: Insights from Snymans

Discover South African marriages with Snymans: Civil, Customary, and Civil Union. From Antenuptial Contracts to property ownership, navigate confidently.

November 17, 2023
Is Voetstoots still applicable?
Contractual Matters

Is Voetstoots still applicable?

Voetstoots endures, but the Property Practitioners Act demands defect disclosure, shifting towards transparency and a balanced buyer-seller relationship.

November 10, 2023
The validity of written sales agreements
Contractual Matters

The validity of written sales agreements

This case and the Alienation of Land Act emphasise the need for written and signed sale agreements, as informal oral agreements lack legal validity.

July 10, 2023
What to do when a loved one dies
Contractual Matters

What to do when a loved one dies

If you're the executor of a loved one's estate, there are crucial tasks to handle before involving an attorney when they pass away.

July 10, 2023
A crucial victory for water rights
Contractual Matters

A crucial victory for water rights

Agriculture is one of the most important sectors of the global economy, and it relies heavily on water resources for crop production.

May 26, 2023
The agent’s responsibility when selling a tenanted property
Contractual Matters

The agent’s responsibility when selling a tenanted property

When selling a property with a tenant, the agent must disclose the tenant and lease agreement to the buyer to avoid disputes or the tenant becoming a squatter. The lease agreement takes precedence over the agreement of sale during its duration.

March 29, 2023
The Validity of Wills – a Look at Formalities
Contractual Matters

The Validity of Wills – a Look at Formalities

A Testament/Will is a document where a person states their last wishes and what must happen with their estate after their death. If a person dies without leaving a Will, his/her estate will be administered in terms of the “Intestate Succession Act”. This Act provides for rules by which assets are distributed to relatives.

February 27, 2023
Inheritance of surviving opposite sex life partners
Contractual Matters

Inheritance of surviving opposite sex life partners

In light of the recent development in Bwanya v Master of the High Court, opposite-sex life partners are now entitled to inherit in terms of the Intestate Succession Act, which was once a benefit exclusively awarded to partners in a same-sex life partnership.

February 2, 2023
Platinum Property Enterprise (Pty) Ltd / McShane and The Registrar of Deeds (Case no: 11611/2022)
Contractual Matters

Platinum Property Enterprise (Pty) Ltd / McShane and The Registrar of Deeds (Case no: 11611/2022)

In this case, Platinum Property, the Purchaser, being a company, entered into an agreement of sale with the Seller, being a 93-year-old lady. Platinum took this seller to Court to stop her from transferring the property to another second Purchaser and further to order her to sign their transfer documents. The main issue before the Court was the issue of repudiation and the manner in which the Conveyancer dealt with the transaction.

February 2, 2023
The termination of joint ownership
Contractual Matters

The termination of joint ownership

The action for division of property is well established in South African law. Every co-owner of property may insist on a partition of the property at any time. This may be done even in the case where there is a perpetual joint ownership agreement.

October 24, 2022
Suspensive conditions
Contractual Matters

Suspensive conditions

Contracts for the sale of immovable property will very often contain suspensive conditions. One of the most common types of suspensive conditions is bond approval. Suspensive conditions

October 24, 2022
Electronic signatures and the virtual commissioning of affidavits
Contractual Matters

Electronic signatures and the virtual commissioning of affidavits

In our June newsletter, we looked at an interesting court decision handed down in 2020 by the Eastern Cape Division of the High Court of South Africa, related to the application of electronic signatures to offers to purchase land.

June 28, 2022
The property professional’s checklist for dealmaking
Contractual Matters

The property professional’s checklist for dealmaking

The property professional plays a critical role in the process of buying and selling real estate. When ‘making the deal’, they must engage with the seller to collect information and documentation that will be needed throughout the process. At the time of taking the mandate, it is crucial that they clarify certain facts and obtain specific information and documentation in order to pre-empt any issues that may arise, thus saving time.

June 28, 2022
Electronic signatures and OTPs
Contractual Matters

Electronic signatures and OTPs

As we live in an online world, and because of the recent pandemic, electronic signatures are becoming more commonplace – and an increasing number of buyers and sellers are asking to sign their OTPs electronically.

May 27, 2022
When ownership of immovable property is vested in a company
Contractual Matters

When ownership of immovable property is vested in a company

There are instances where ownership of land is vested in a company. Typically, a company is registered, usually with one or two directors, and such company then takes transfer of the immovable property. The land is then held in the name of the legal entity (being the company), with the individuals or directors who intend to stay there holding shares in the company.

March 30, 2022
An ethical approach to fee discounts
Contractual Matters

An ethical approach to fee discounts

Legal fees are regulated by tariff guidelines, which are issued by the Rules Board in terms of the Legal Practice Act. Although these tariffs are guidelines, they are typically followed in the conveyancing industry. As a result, if fees are ever queried, they can usually be backed up by the regulations issued in the Government Gazette from time to time.

March 30, 2022
The Property Practitioners Act 22 of 2019: what you need to know
Contractual Matters

The Property Practitioners Act 22 of 2019: what you need to know

In 2017, the Government undertook to interrogate the Estate Agency Affairs Act and replace it with one it deemed more suitable. The result was the Property Practitioners Act (PPA), which came into effect on 1 February 2022. In this article, we’ll be touching on some of the highlights – or lowlights, depending on your point of view – of this new act.

March 2, 2022
Suspensive conditions revisited in the Cape Royal case
Contractual Matters

Suspensive conditions revisited in the Cape Royal case

South Africa’s law of contract provides several ways in which contracting parties can protect and enforce their contractual rights. The most essential principle of contract is party autonomy – parties to a contract are free to conclude what they have agreed to, and the courts have a duty to enforce this agreement as far as possible provided it is not against the law.

January 31, 2022
Pay with complete peace of mind
Contractual Matters

Pay with complete peace of mind

With cybercrime on the increase globally, the team at Snymans is increasingly aware of the importance of safeguarding both our clients and our business against cyber criminals when it comes to making and receiving electronic payments. In fact, phishing crimes have become such a cause for concern in South Africa that the Legal Practitioners’ Fidelity Fund has declared that it will not make good on insurance claims arising from these types of crimes.

December 7, 2021
Property transfer costs: Who pays what?
Contractual Matters

Property transfer costs: Who pays what?

The buyer and seller of a property are responsible for certain costs associated with the transfer process. Here’s a look at who’s liable for what.

December 7, 2021
Transfer of a property and provision for mistakes
Contractual Matters

Transfer of a property and provision for mistakes

It’s an unfortunate reality that mistakes do sometimes occur in deeds and documents during the transfer process. Fortunately, however, the Deeds Registries Act makes provision for mistakes of this nature to be rectified.Major errors Major errors are mistakes linked to the transfer of ownership and related dealings like the registration or cancellation of bonds. Let’s say, for example, a client purchases property A but instead receives property B, while another client purchases property B but instead receives property A. In this instance, a rectification transfer is required that must clearly

October 28, 2021
Customary marriages and ownership of immovable property
Contractual Matters

Customary marriages and ownership of immovable property

Recognition of customary marriages in South Africa has undergone several shifts over the years through the implementation of new legislation. This has impacted not only the legal status of the parties to a customary marriage but also their ownership of and rights to matrimonial property.

September 28, 2021
Rules Board Regulates Non-litigious Fees
Contractual Matters

Rules Board Regulates Non-litigious Fees

The introduction of the Legal Practice Act 28 of 2014 has led to several changes in the juridical space, including one related to non-litigious fees – fees charged by attorneys for services that do not constitute litigation and are not finalised in court.

August 30, 2021
Corporate actions and resolutions
Contractual Matters

Corporate actions and resolutions

In South Africa, the business and affairs of a company must be managed by its board of directors. As such, the board is responsible for the daily corporate and commercial affairs of the company.

July 28, 2021
Defunct Homeowners Associations and Consents to Transfer
Contractual Matters

Defunct Homeowners Associations and Consents to Transfer

Title deeds of cluster developments commonly contain a condition which states that alienation or transfer of a property by the owner is not allowed unless consent from the Homeowners Association (HOA) is provided. Usually inserted by the relevant local authority when approving the cluster development, this type of condition also confirms that all subsequent owners of the property automatically become members of the HOA.

July 28, 2021
The conveyancing process explained
Contractual Matters

The conveyancing process explained

The conveyancing process starts with a signed Offer to Purchase and ends with the property being registered in the Deeds Office. But, there are numerous steps that need to be completed in between. Here’s a look at how the process unfolds.

June 30, 2021
Your home loan is paid up. What happens next?
Contractual Matters

Your home loan is paid up. What happens next?

Often, a bond will be paid up before the owner of the property decides to sell it. Here’s a step-by-step look at what he or she can expect once they reach this impressive milestone.

June 30, 2021
10 conveyancing terms explained
Contractual Matters

10 conveyancing terms explained

When it comes to buying or selling a property, it helps to have a basic understanding of the many legal terms involved in the conveyancing process. Here’s a look at the 10 you’re likely to encounter most often, starting with conveyancing itself.

June 30, 2021
A brief look at the conditions for township establishment
Contractual Matters

A brief look at the conditions for township establishment

If a property owner would like to establish a township, the below procedure can give guidance when it comes to dealing with Town Councils. It will always be necessary to consult with a Town Planner who can specialises in dealing with this process:

June 2, 2021
Rates refunds in the City of Cape Town
Contractual Matters

Rates refunds in the City of Cape Town

One of the documents that must be lodged in the Deeds Office for registration of transfer is the Rates Clearance Certificate (RCC). By law, at the time of registration of the property into the new owner’s name, all municipal charges relating to the property must be paid. And the RCC serves as confirmation that these monies have been paid.

June 2, 2021
Property Transactions and Married Foreign Nationals
Contractual Matters

Property Transactions and Married Foreign Nationals

In a recent article, we looked at the question of whether foreign nationals are permitted to own property in South Africa. A related question is what happens when a foreign national, who has entered into a marriage outside of South Africa, wishes to buy or sell property. Let’s take a look.

March 25, 2021
Power of Attorney: Can it lapse?
Contractual Matters

Power of Attorney: Can it lapse?

A power of attorney is a useful tool that can be used in many situations. For example, an elderly parent who, due to their age, finds it difficult to attend to their affairs may decide to grant power of attorney to their adult child.This legal document allows an individual (the principal), who has full contractual capacity to manage their affairs, to appoint someone (the agent) to perform certain acts on their behalf. Many people don’t realise that a power of attorney can automatically lapse. As an agent can only do what a principal can do legally, a power of attorney automatically lapses w

February 24, 2021
Foreign property ownership in South Africa
Contractual Matters

Foreign property ownership in South Africa

Can foreign nationals own property in South Africa? The short answer is yes. But before we explore this topic in any detail, let’s first define what we mean by foreign national – someone who is a non-resident, meaning that they are neither ordinarily resident nor meet the requirements of the physical presence test.

February 24, 2021
Why identifying the ultimate beneficial owner matters
Contractual Matters

Why identifying the ultimate beneficial owner matters

In the past, detecting funds from unlawful activities as they entered the financial system was relatively straightforward. These days it's not as easy.

January 29, 2021
How does divorce affect transfers in the case of joint ownership?
Contractual Matters

How does divorce affect transfers in the case of joint ownership?

The end of a marriage can result in several administrative challenges, not least of which is tackling the joint ownership of immovable property. And while divorce can be a traumatic and emotional experience, with the proper legal advice, the transfer of ownership doesn’t need to be.

January 29, 2021
Cheques are a thing of the past
Contractual Matters

Cheques are a thing of the past

In a statement issued late last year, the South African Reserve Bank informed the public that, “the issuing and the acceptance/collection of cheques will cease, effective from 31 December 2020.” At the time, most banks had already begun phasing out this form of payment, with clients making use of cheaper, more convenient electronic payment methods.

January 29, 2021
Do you need a gas compliance certificate?
Contractual Matters

Do you need a gas compliance certificate?

If you’re selling a property with a gas installation, a certificate of conformity will need to be obtained before transfer of the property. This certificate is issued in terms of Regulation 17(3) of the Pressure Equipment Regulations and has to be issued by an authorised person.

December 11, 2020
Electronic signatures in South Africa
Contractual Matters

Electronic signatures in South Africa

There’s an ongoing discussion in the commercial world, especially in property law, around the types of documentation that can be signed electronically.

December 11, 2020
A closer look at bank assisted sales
Contractual Matters

A closer look at bank assisted sales

A bank assisted sale (or distressed sale) is the sale of the owner’s property with the assistance of the bond holder (the bank). Contrary to popular belief, the bank doesn’t sell the property but rather assists the owner with the sale in order to limit damages for all relevant parties.

December 11, 2020
Coronavirus lockdown and Offer to Purchase
Contractual Matters

Coronavirus lockdown and Offer to Purchase

We are experiencing unchartered territory with the current lockdown due to the Coronavirus and while it is impossible to predict what the future holds or have immediate answers to what this might mean for each property related scenario, we can offer some advice to those who have signed an Offer to Purchase prior to or during the lockdown in South Africa.

April 6, 2020
Rectifying information on a title deed
Contractual Matters

Rectifying information on a title deed

A title deed is the formal record of who the current owner is of a specific piece of land so naturally, making sure that this information is accurate and up to date is incredibly important.Title deeds contain a number of important facts and information relating to the property, including the legal description, the size / extent of the property, conditions that the property is subject to, the last recorded purchase price and details of both the seller and purchaser. One of the most pivotal stages in the transfer process is where the Deeds Registry endorses the new title deed and rights are tra

April 6, 2020
Documents required for transfer of property
Contractual Matters

Documents required for transfer of property

We know that paperwork isn’t everyone’s favourite thing, and while the property transfer process does require quite a few documents, it needn’t be overwhelming for buyers or sellers. That’s why we’ve put together this list of documents required for transfer of property.

February 26, 2020
What should I know about bond registrations and cancellations?
Contractual Matters

What should I know about bond registrations and cancellations?

For the majority of property buyers, taking out a bond to help finance the purchase of their dream home is an essential step of the process. The good news for Snymans clients is that our experienced team can guide you through the process…

February 26, 2020
Effective Cause – who earns estate agent commission?
Contractual Matters

Effective Cause – who earns estate agent commission?

An estate agent can be an invaluable asset in helping you secure a quick and lucrative sale, but in cases where more than one agent might be marketing your property, how do you know who you owe commission to when a sale is concluded?

January 31, 2020
Types of property transfers: the basics you need to know
Contractual Matters

Types of property transfers: the basics you need to know

Whether it’s through a sale, inheritance or divorce settlement, there are a number of reasons for a property to be transferred from one owner to another. Each scenario is dealt with in slightly different ways, and our experienced team of conveyancing attorneys have put together a brief guide to help you understand the basics of each property transfer type.

January 31, 2020
6 top tips from the Snymans Team
Contractual Matters

6 top tips from the Snymans Team

For many, the start of 2020 means a new property search, or in some cases a sale. Because there is so much to think about when embarking on this exciting process, the team at Snymans Inc have put together some of their top tips to help you on your journey.

January 9, 2020
New year, new home
Contractual Matters

New year, new home

The new year has just kicked off and now is the perfect time to put plans in place to buy your new dream home. If you’re wondering where to start, read on to get some advice from the experts…

January 9, 2020
Property Registration and Transfer Costs: Responsibilities Defined
Contractual Matters

Property Registration and Transfer Costs: Responsibilities Defined

A property transfer comes along with significant expenses, but being well informed about what registration and transfer costs you can expect to incur means that you can plan carefully and avoid any unpleasant and costly surprises.

December 5, 2019
Trustees' Powers and Duties in Property Transfer
Contractual Matters

Trustees' Powers and Duties in Property Transfer

There often comes a time when a beneficiary becomes entitled to take transfer of a property that is registered in the name of a trust. When this happens, there are a few options available to the trust in order to put this into effect.

October 31, 2019
Appointing multiple executors of a deceased estate
Contractual Matters

Appointing multiple executors of a deceased estate

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.

September 18, 2019
Buying a property with an existing tenant
Contractual Matters

Buying a property with an existing tenant

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

September 18, 2019
Compliance Certificates and Home Inspections
Contractual Matters

Compliance Certificates and Home Inspections

Before a property is sold and registered in the buyer’s name, it’s important that it is compliant with relevant regulations.

August 27, 2019
4 common mistakes when selling your home
Contractual Matters

4 common mistakes when selling your home

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.

August 27, 2019
The long lease
Contractual Matters

The long lease

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.

August 27, 2019
Purchase and ownership of vacant land
Contractual Matters

Purchase and ownership of vacant land

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.

May 6, 2019
How to ensure a quick and smooth property transfer
Contractual Matters

How to ensure a quick and smooth property transfer

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.

March 24, 2019
Marriage in or out of community of property?
Contractual Matters

Marriage in or out of community of property?

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.

March 24, 2019
Minors and immovable property
Contractual Matters

Minors and immovable property

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.

March 24, 2019
Cash is king – what you need to know as a cash buyer
Contractual Matters

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

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.

March 3, 2019
Always look under the rug
Contractual Matters

Always look under the rug

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?

March 3, 2019
Beetle free certificates
Contractual Matters

Beetle free certificates

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.

February 2, 2019
Joint ownership is not all love and romance
Contractual Matters

Joint ownership is not all love and romance

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.

February 2, 2019
The do’s and don’ts of running a guesthouse
Contractual Matters

The do’s and don’ts of running a guesthouse

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.

February 2, 2019
Immovable property and inheritance
Contractual Matters

Immovable property and inheritance

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.

January 8, 2019
This is your year for a successful property sale
Contractual Matters

This is your year for a successful property sale

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.

January 8, 2019
Buying a property off-plan
Contractual Matters

Buying a property off-plan

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.

December 2, 2018
Beware of scams
Contractual Matters

Beware of scams

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.

December 2, 2018
The right of first refusal
Contractual Matters

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.

September 28, 2018
Different forms of ownership of immovable property
Contractual Matters

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.

September 28, 2018
Auctions in the property industry
Contractual Matters

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
The sale of a property as a going concern
Contractual Matters

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
The Lapsed Offer to Purchase
Contractual Matters

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
Signing suretyship in South Africa
Contractual Matters

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
Buying one party’s share of a jointly owned property
Contractual Matters

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
The terms of an estate agent mandate
Contractual Matters

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
Demystifying the voetstoots clause
Contractual Matters

Demystifying the voetstoots clause

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.

June 1, 2018
Selling a property out of a deceased estate
Contractual Matters

Selling a property out of a deceased estate

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

April 28, 2018
Can I object to my neighbour’s renovations?
Contractual Matters

Can I object to my neighbour’s renovations?

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…

April 2, 2018
The do’s and don’ts of buying a property
Contractual Matters

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

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.

April 2, 2018
Offer to Purchase: Part 2 - Tips for Buyers and Sellers
Contractual Matters

Offer to Purchase: Part 2 - Tips for Buyers and Sellers

There are aspects relating to the basic sections within a contract of sale to consider, like suspensive conditions, agent commission, VAT & Transfer duty.

March 2, 2018
Offer to Purchase: Part 1 - Terms of the Agreement
Contractual Matters

Offer to Purchase: Part 1 - Terms of the Agreement

There are three essential elements which must be included in order for the OTP to be valid and legally binding. In addition, here are more aspects to consider.

March 2, 2018
Buying a property for someone else
Contractual Matters

Buying a property for someone else

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.

February 4, 2018
Rent-to-buy agreements
Contractual Matters

Rent-to-buy agreements

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.

February 4, 2018
Why do I need a transfer attorney?
Contractual Matters

Why do I need a transfer attorney?

The transfer attorney will take responsibility and oversee the full transfer process from the time of instruction through to registration in the Deeds Office.

November 24, 2017
Buying Property on Auction
Contractual Matters

Buying Property on Auction

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.

November 2, 2017
OTP: A Binding Contract – Think Before Signing
Contractual Matters

OTP: A Binding Contract – Think Before Signing

An offer to purchase (OTP) can be seen as the quintessential document governing the sale agreement between the seller and purchaser.

August 29, 2017
What can be considered when entering into an Antenuptial Contract
Contractual Matters

What can be considered when entering into an Antenuptial Contract

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.

August 29, 2017
Latent vs patent defects
Contractual Matters

Latent vs patent defects

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.

July 3, 2017
Extending your bond
Contractual Matters

Extending your bond

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.

July 3, 2017
Cancelling your bond: What you need to know
Contractual Matters

Cancelling your bond: What you need to know

Paying off and cancelling a home loan is often viewed as a significant goal being achieved, but there are a number of aspects to consider.

June 2, 2017
What you should know before buying a house as an unmarried couple
Contractual Matters

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

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.

June 2, 2017
Retirement Villages and Life Rights
Contractual Matters

Retirement Villages and Life Rights

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.

March 24, 2017
As the new owner, when can I move in?
Contractual Matters

As the new owner, when can I move in?

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.

January 26, 2017