1. 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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2. Who Appoints the Conveyancer

Click Here to download Comprehensive Free Offer to Purchase Who Appoints the Conveyancer? Firstly I think it is important to be aware that not all attorneys are conveyancers. Conveyancers are qualified attorneys who have studied further and...

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3. Blank Spaces in Contract

All standard deeds of sale used by estate agents contain blank spaces which have to be completed relating for example to the amount of the purchase price, the date of occupation, the occupational rental payable etc. One of the parties to the...

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4. 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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5. "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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6. 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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7. 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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8. 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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9. 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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10. Fixtures and Fittings List

1.                   Place a tick in one of these three columns against every item. 2.         The second column (“excluded�) is for items on the list which...

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