1. 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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2. 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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3. A Quick Checklist when completing an Offer to Purchase:

Click Here to Download Comprehensive Free Offer to Purchase Check that the description of the property is correct (as described in the title deed). Are all the buyers' & seller's details documented clearly? Check that the purchase price...

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4. 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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5. Clauses of the Deed Of Sale

Click Here to download comprehensive free Deed of Sale The identities of the parties must be ascertainable. The seller need not be the owner; he may not yet have taken transfer of the property, but may be allowed to resell it. This must however...

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6. 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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7. 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...

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8. 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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9. 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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10. 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...

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