Real change to the real estate industry: how does the Property Practitioners Act affect your firm?
The new Property Practitioners Act provides a substantive change to the real estate market in South Africa with a bigger focus on transformation and consumer protection The Act introduces new restrictions on the conduct of ‘property practitioners’ in their interactions with consumers, including obligations relating to the display of Fidelity Fund certificates and the completion more...
Leases in Lockdown: Are we liable to pay rent?
A legal issue receiving almost constant attention since the lockdown commenced is the liability of commercial tenants for rental of their business premises during the Lockdown (including the more relaxed Alert Levels). There are many factors which have affected our advice, namely the terms of the lease agreement, as well as the nature and operation more...
Who may move house under lockdown level 4?
Who can move house 4 under level before 7 June 2020
Newsflash: Commercial Property Sector Unites Behind Rental Relief Measures for Retail Tenants
The Property Industry Group (PIG) give some relief to tenants who can accept their landlord’s offer to provide for any of the relief. It should also be noted that any acceptance of a landlord’s offer for a remission of rental, in accordance with the PIG’s relief package, should be considered against whether or not a landlord is entitled to rental at all. Tenants are not bound to accept these terms; however, once an election has been made, such decision is final, and any rights waived can likely not be revisited. We would therefore urge tenants to take proper advice, and to consider the full extent of their rights before accepting any such offers from landlords.
COVID-19: Property transactions, the Deed’s Office and the Master’s Office during lockdown
Previous articles have been published by us advising on the impact of COVID-19 and the national lockdown on our daily lives, including that on business and legal practitioners. This article focuses on how the lockdown will affect property transactions as well as the administration of estates.
Can I hold a seller liable for defects in a property I bought?
There is no easy answer to this question. There are many variables that must be considered before it can be established whether you have a claim and if so, what your claim is for. Different types of defects The seller is, by law, obliged to disclose any defects in the property of which he or more...
Newsflash: Lost title deed and bond amendment on hold!
There has been panic regarding the amendment to regulations 68(1) and 68(11) of the Deeds Registries Act 47 of 1937, which sets out the process to follow when an original deed or mortgage bond has been lost or destroyed. Many will know that to transfer immovable property from seller to purchaser, the original title deed more...
Selling your home: Estate agent vs Private sale?
As a homeowner, buying your home was probably the biggest investment you have ever made. So, when you decide to sell your home, you need to make sure that the process runs smoothly and cost effectively to reap the maximum reward on your investment. There is a growing trend towards selling property privately rather than more...
Thinking of tying the knot?
Getting married and planning a wedding is one of the most important days in a person’s life. The focus tends to be on the venue, flowers, the perfect dress and which song to dance to as husband and wife. All too often, people overlook the legal aspects of getting married and the potential ramifications. In more...
Property registered in her name but he paid for it, so who does it belong to?
An Irish man and a South African woman met and fell in love in Ireland. They relocated to South Africa where he purchased a property that he registered in her name. He did this because she led him to believe that as a foreigner with no permanent residency, he could not own property in South more...
Buying a home free of historical debt
In January 2016, the Supreme Court of Appeal (SCA) held in City of Tshwane Metropolitan Municipality v PJ Mitchell, that the current owner of a property could be held responsible for debts incurred by a previous owner with regard to municipal debts services supplied to the property prior to transfer. This decision was made more...
To buy property with an existing tenant or not, that is the question!
When a property is purchased while there is a tenant in occupation, the tenant has certain rights. Potential purchasers need to be aware that the lease agreement remains in place despite the change of ownership of the property until such time as the lease expires. This means that the lease will survive the sale and more...