More Articles

Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

The right of first refusal

2033

A right of first refusal is a mechanism in a contract that affords the holder of such right the preference to buy a particular property, should the owner ever choose to sell it. However, it is worth noting that the…

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Different forms of ownership

2078

There are a number of forms of ownership of immovable property in South Africa, and sometimes prospective buyers as well as homeowners are not aware of the intricacies of each. To take the mystery out of this for you, we have put together the basics on each of the 3 most common types of ownership: full title ownership, sectional title ownership and long-term lease.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Auctions in the property industry

4246

To help buyers looking to purchase property on auction, here is some crucial information relating to auctioned property.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The sale of a property as a going concern

4158

Given certain conditions being met, a property can be transferred as a ‘going concern’ which can be beneficial to the transacting parties.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The Lapsed Offer to Purchase

8262

For prospective buyers who have found the right property, it is always an exciting but also a daunting time when an Offer to Purchase (OTP) has been signed and presented to the seller. The wait then begins before finding out whether or not it has been accepted.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Signing suretyship

5947

Signing surety for another person, whether family, business partner or friend, can seem like a simple formality in order to help that person successfully conclude an important transaction. But before signing on the dotted line, make sure you know what you’re in for.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying one party’s share of a jointly owned property

5753

There are a number of ways to deal with the undivided shares in fixed property held by two or more people. In the case of joint ownership by married persons, one such way is by one party becoming the sole owner of a property. The process for this will depend heavily on the matrimonial regime selected at the time of marriage.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

The terms of an estate agent mandate

5259

One of the most important purposes of signing an estate agent mandate is to create a binding agreement between the estate agent and the seller that sets out the terms of the arrangement agreed upon to market and sell the property.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Demystifying the voetstoots clause

7497

Because there is no specific wording that accompanies a voetstoots clause in the agreement of sale for immovable property, it is not always immediately apparent to non-property professionals what this clause really means.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Selling a property out of a deceased estate

7575

There are two major differences between the sale of a property out of a deceased estate and a “normal” sale…

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Can I object to my neighbour’s renovations?

8837

Renovations have the potential to sour the best of neighbourly relationships, but what are the legal rights and obligations when it comes to an owner undertaking property renovations? Here are a few things to know…

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

The do’s and don’ts of buying a property

8858

Every property agreement contract is slightly different, but with our years of experience as conveyancing attorneys, we have identified some key do’s and don’ts that can help make a property sale a success for all parties concerned.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Agreements of sale of immovable property: Part 2 – Tips for Buyers and Sellers

10784

Following on from Part 1, there are a number of aspects relating to the basic sections within a contract of sale that should be considered before either party signs on the dotted line.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Agreements of sale of immovable property: Part 1 – Terms of the Agreement

9313

In terms of the Alienation of Land Act, 68 of 1981, an agreement for the sale of immovable property, also known as an Offer to Purchase (OTP) in the industry, must be in writing and signed by the parties thereto. The OTP must further contain three essential elements to be legally binding:

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying a property for someone else

9507

While a less common scenario, it is possible for an individual to make an investment in or finance the purchase of a property with the intention of another becoming the owner, and although the transfer process remains largely unchanged, there are a few things to be aware of.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Rent-to-buy agreements

10458

The reality of the current South African economic climate is such that a considerably large number of bond applicants are unsuccessful, while sellers often experience difficulties in selling their properties at a desirable price. The rent-to-buy option is one that addresses both the buyer and seller’s concerns.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Why do I need a transfer attorney?

10714

Buying a property is the largest purchase that many of us will make in a lifetime, and as such should be dealt with carefully and with the assistance of experts in the field.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying Property on Auction

10007

Buying a property on auction, while potentially offering valuable investment opportunities, can be daunting to those not familiar with the process. But with some basic background and know-how, it need not put off potential buyers.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Drawing up a will – what you should know

12338

The death of a loved one is a difficult time, and the administration and distribution of the deceased estate can involve a great deal of time and work, but a valid Last Will and Testament can ease the pressure considerably.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Think before you sign – an offer to purchase is a legally binding contract

15578

An offer to purchase (OTP) can be seen as the quintessential document governing the sale agreement between the seller and purchaser. As such, it should be completed accurately and with great care.

Read More
What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

What can be considered when entering into an Antenuptial Contract

11995

For those entering into a marriage out of community of property, an antenuptial contract (ANC) is a must and therefore plays an integral role. And while there are many elements that are typically included, an antenuptial contract can be drafted in a number of ways to suit the unique needs of individuals.

Read More
Contractual Matters

Latent vs patent defects

14361

Making an informed decision regarding the potential investment opportunity when purchasing a property relies significantly on having a clear idea of both latent and patent defects relating to the property.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Extending your bond

9039

A bond or home loan is often a necessity when buying a property and many consider the primary aim to be paying this loan off, but there are a number of alternatives that could come in handy.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Cancelling your bond: What you need to know

13098

Paying off and cancelling a home loan is often viewed as a significant goal being achieved, but before launching into this step, there are a number of aspects to consider – not least of which is whether cancelling the bond is, in fact, the right decision.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What you should know before buying a house as an unmarried couple

7245

While there are important considerations for unmarried couples who choose to enter the property market together, doing so with care should still result in a positive long-term investment.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Retirement Villages and Life Rights

11304

We commonly discuss the merits of, and differences between freehold and sectional title properties, but retirement villages often provide a third alternative to these two forms of ownership – Life Right Schemes – for those looking for a lifestyle change in old age.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

As the new owner, when can I move in?

8323

Timing your move in conjunction with the registration of a property transfer can be tricky, but there are ways to manage occupation dates through the contract of sale.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

How sellers can optimise their chances of success

8278

Bond approval conditions in an offer to purchase, the continued marketing clause, and how these work in practice.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

He Said, She Said

7306

The most common causes of Estate Agent commission disputes and how to avoid them.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Until divorce do us part

6260

The divorce process can be complicated by many factors, one of which is the ownership of immovable property.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Contract of sale: These clauses could cost you

5682

To reduce risks and avoid any disagreements or negative outcomes, there are a few vital things that should be included in the contract of sale.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What to do when tenants refuse to leave

2273

Eviction is a tricky process and one which needs to be handled correctly to avoid any legal repercussions – if the correct process is not followed, the landlord may be punished by the courts and in the most severe cases, imprisoned.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Can I reject a signed offer to purchase in favour of a higher offer?

2038

An offer to purchase is a legal document and, once signed by both the buyer and seller, it becomes a legally binding agreement.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What happens if a suspensive condition is not met?

4647

A suspensive condition is a term or clause within a contract that clearly stipulates a particular criterion that must be met in order for the contract to come into force. Should the suspensive condition(s) not be met, the contract will be void.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

What happens to the ownership of my property when I get married?

529

There are three types of marriages that one can enter into in South Africa, each of which will have different consequences on the ownership of property.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Exclusive use area rights must be registered

1204

Exclusive use areas, a common feature in sectional title properties, often cause uncertainty in the minds of property owners when it comes to rights over this land.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Why was I not given the title deed for my property?

713

Ownership seems like a simple concept; you buy something and you become the sole owner of that object. Unfortunately, the reality is not always quite as straightforward as it seems.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Verbal vs. written contracts

9524

Although verbal contracts are binding under South African law, it is often important, and in some circumstances necessary, to put something in writing.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

The sale of immovable property?

3197

What does the process of selling / buying a property entail?

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What causes registration delays?

274

What can cause my transfer / bond registration to be delayed?

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Rates & Taxes Clearance Certificate

401

Why is it necessary for a Rates and Taxes Clearance Certificate to be issued?

Read More

Need more Snymans content?

Sign up for our monthly newsletter.