21. Suspensive Conditions

Most sales of immovable property are concluded subject to one or more suspensive conditions. One of the legal definitions of a suspensive condition is that it is a condition which suspends the operation or effect of one or more of the...

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22. "Voetstoots"

Almost every Deed of Sale/Offer to Purchase relating to the sale of immovable property contains a clause stating that the property is sold "voetstoots" (as is/as it stands). What is the effect of such a clause? Under the common law the...

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23. Estate Agent Mandates

Estate agents are involved in the vast majority of property sales. The seller often grants an agent a mandate to sell his property for a specific price. Such a mandate may be verbal or in writing. Sometimes sellers have a change of heart...

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24. FINANCIAL IMPLICATIONS OF BUYING SECTIONAL TITLE

A Sectional Title Scheme cannot be properly managed by the trustees unless all the owners make regular and prompt payment of levies. The non-payment of levies is one of the main reasons why some body corporates in South Africa find themselves...

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25. SECTIONAL TITLE AND LEVIES

The financial affairs of a sectional title scheme are managed by the trustees appointed by the body corporate. In some sectional title schemes the individual owners do not pay rates direct to the municipality for their individual units. The rates...

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26. Exclusive Use Area

Most people who own property in sectional title schemes are familiar with the term "exclusive use area". However, a fair amount of confusion seems to exist regarding the exact nature of exclusive use areas. This is not surprising as there are...

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27. MAINTENANCE OF SECTIONAL TITLE SCHEMES

  I have been asked quite a few questions recently relating to the responsibility of owners and the body corporate to maintain their sections and the common property respectively in sectional title schemes. To understand this issue, one first...

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28. SECTIONAL TITLE SCHEME CONDUCT RULES

  Every sectional title scheme has rules which bind the body corporate and the owners and occupiers of all units in the scheme. There are two sets of rules, namely the management rules and the conduct rules. The management rules deal...

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29. Legal Implications and Ramnifications of signing a contract

  When disputes arise between sellers and purchasers of immovable property regarding the terms and conditions contained in the deed of sale I am often told by such persons that they didn't understand the legal implications and consequences of...

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30. 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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