1. 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...

Friday, 06 February 2009 | 1808 hits | Print | PDF |  E-mail | Report | Read more

2. Choosing a Stand

Consider the following, when searching for the perfect stand on which to build your dream home:  Check the title deed to make sure that there is no building or zoning restrictions that would hamper your dreams, or servitudes that are...

Friday, 06 February 2009 | 336 hits | Print | PDF |  E-mail | Report | Read more

3. Choosing a Stand

Consider the following, when searching for the perfect stand on which to build your dream home:  Check the title deed to make sure that there is no building or zoning restrictions that would hamper your dreams, or servitudes that are...

Friday, 06 February 2009 | 321 hits | Print | PDF |  E-mail | Report | Read more

4. Does a minor selling or purchasing property have to be assisted by his guardian(s) when signing the Offer to Purchase?

Does a minor selling or purchasing property have to be assisted by his guardian(s) when signing the Offer to Purchase? Yes. Where a minor is selling property, the assistance of both guardians is required. This also applies where the minor is...

Friday, 06 February 2009 | 791 hits | Print | PDF |  E-mail | Report | Read more

5. What is the position with parties signing Deeds of Sale in a representative capacity/on behalf on another person or entity?

What is the position with parties signing Deeds of Sale in a representative capacity/on behalf on another person or entity? I n terms of section 2(1) of the Alienation of Land Act No 68 of 1981, no alienation of land shall be of any force or...

Friday, 06 February 2009 | 1143 hits | Print | PDF |  E-mail | Report | Read more

6. Estate Agent Mandates Explained

Sole Mandate Giving an estate agent a sole mandate to market your property, means that you cannot confer a similar mandate on another estate agent before the expiry of a determined period. If another estate agent sells or lets your property during...

Monday, 09 February 2009 | 462 hits | Print | PDF |  E-mail | Report | Read more

7. 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

8. 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 | 3857 hits | Print | PDF |  E-mail | Report | Read more

9. 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...

Friday, 06 February 2009 | 871 hits | Print | PDF |  E-mail | Report | Read more

10. "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...

Friday, 06 February 2009 | 740 hits | Print | PDF |  E-mail | Report | Read more