61. REGISTERING PROPERTY IN THE NAME OF A MINOR

I am quite often asked for advice on the advisability of registering property in the name of minors (unmarried persons under the age of 18).  Parents sometimes wish to invest in property and register the property in their minor child's...

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62. DISPUTES ABOUT LEVIES

  A number of owners of sectional title units have asked me whether they are entitled to withhold the payment of levies if they are dissatisfied with the manner in which the trustees appointed by the body corporate are managing the scheme or...

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63. Taxes on the Transfer of Property

When residential land, or an interest therein is sold or transferred, either VAT or transfer duty is payable on the transaction. The issue of what "tax" is payable when a "property transaction" takes place, has become quite a complicated...

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64. Remedies in case of a breach of Contract

What remedies does a party to a deed of sale have if the other party fails to fulfil his or her contractual obligations?  The first step to be taken under such circumstances is to consider the wording of the clause in the deed of sale...

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65. IMPROVEMENTS TO SECTIONAL TITLE SCHEMES

 A sectional title scheme is managed by the body corporate and all owners of units in the scheme are members of the body corporate. The body corporate elects trustees to attend to the day to day running and management of the scheme. ...

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66. VAT, TRANSFER DUTY AND STRUCTURING PROPERTY TRANSACTIONS

 The general rule is that when a seller is not a registered VAT vendor, transfer duty is payable on the purchase price by the Purchaser. However, when the seller is a VAT vendor, then VAT is payable on the purchase price by the Seller. As a...

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67. Who do I pay my deposit to?

 Depending on what is stipulated in your sale agreement, your deposit is either paid to the estate agency involved or to the Conveyancing attorneys attending to the transfer. Both these professionals should have trust accounts in which your money...

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68. Restrictions on Your Property.

Restrictions on Your Property. The use of every privately owned property in South Africa is subject to certain control measures, which may restrict you from making the changes you would like to make to your new home. If you are able to check...

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69. Rates Clearance Certificate from the Municipality.

When a property is changing ownership the transferring attorney will need to apply to the council (local authority) for a rates clearance certificate. The clearance figure is normally six months in advance on the sellers account. Only once the...

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70. Property Inspections.

 What is a Property Inspection? A Property Inspection is a Detailed and Systematic Visual Inspection of the Property, its Structures, Design and Fixtures that will provide a Transparent Understanding of the Property's 'Vital Signs'...

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