51. Rental Deposits

Section 5 of the Rental Housing Act, No 50 of 1999 allows a landlord to take a deposit from a tenant prior to them moving in to the property. The deposit must be stipulated in the lease agreement. It is conventional practice to pay...

Friday, 06 February 2009 | 800 hits | Print | PDF |  E-mail | Report | Read more

52. 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...

Friday, 06 February 2009 | 3859 hits | Print | PDF |  E-mail | Report | Read more

53. REGISTERING PROPERTY IN THE NAME OF A TRUST

  It has become a fairly popular practice (especially amongst affluent people) to register property in the name of a legal entity such as a close corporation, company or trust rather than in their personal names. A trust is a popular choice,...

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54. 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...

Friday, 06 February 2009 | 1064 hits | Print | PDF |  E-mail | Report | Read more

55. 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...

Friday, 06 February 2009 | 3561 hits | Print | PDF |  E-mail | Report | Read more

56. Quorum for decicions at Anual General meeting

Management rule 57 states that no business may be transacted at a general meeting unless a quorum is present, either in person or by proxy. For the purpose of a general meeting, a quorum is defined as: In schemes of ten units or less - owners...

Wednesday, 18 March 2009 | 320 hits | Print | PDF |  E-mail | Report | Read more

57. PURCHASING IMMOVABLE PROPERTY IN SOUTH AFRICA AS A NON-RESIDENT

There are various issues involved in purchasing immovable property in a foreign country which extend beyond the mere signing of contracts and documents and paying of money of which the aver-age non-resident interested in purchasing property is...

Monday, 09 February 2009 | 688 hits | Print | PDF |  E-mail | Report | Read more

58. 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'...

Friday, 06 February 2009 | 303 hits | Print | PDF |  E-mail | Report | Read more

59. Procedure for Transferring Ownership of Property in South Africa

Procedure for Transferring Ownership of Property              Most properties which are sold have an existing bond registered over the property and most Purchasers obtain a bond to purchase a property. When...

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60. OPTIONS AND RIGHTS OF FIRST REFUSAL

  The terms "option" and "right of pre-emption" (more commonly known as a "right of first refusal"), are often confused by persons involved in property transactions. There is a significant difference between granting or receiving an option to...

Friday, 06 February 2009 | 2473 hits | Print | PDF |  E-mail | Report | Read more