11. 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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12. 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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13. CAPITAL GAINS TAX (CGT)

    A In the letter the reader enquired whether it was necessary for the "ordinary houseowner" to have his or her property valued for CAPITAL GAINS TAX purposes. This question pertains to a very important exemption which applies in...

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14. Different Legal Entities Property Can Be Registered In

Immovable property may be registered in the name of natural persons or in the name of a legal entity such as a trust, CC or company. Clients who intend purchasing a residential property which is to be their primary residence (permanent home)...

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15. 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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16. WITNESSING OF CONTRACT

Click Here to download Comprehensive Free Offer to Purchase Contract In practice, most deeds of sale used by estate agents contain blank spaces for witness's signatures. It is however not a legal requirement that such a contract be witnessed. Only...

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17. 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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18. 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...

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19. Zoning Of Land

Zoning Of Land Determining usage of property You may not use property for purposes other than that for which it is zoned - these zonings generally being residential, commercial or industrial. However, it is possible to apply for rezoning...

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20. Buying a property on Installment Sale

Selling property in the current market can prove to be frustrating. Many property sales are collapsing because the potential buyer is unable to obtain the necessary bond to cover the purchase price. In fact, as many as 50% of all bond...

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