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Signing suretyship in South Africa
Contractual Matters

Signing suretyship in South Africa

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.

July 22, 2018
The Lapsed Offer to Purchase
Contractual Matters

The Lapsed Offer to Purchase

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.

July 22, 2018
Homeowners Associations (HOA) and Body Corporates
Sectional Title Governance

Homeowners Associations (HOA) and Body Corporates

For a number of reasons, popularity of sectional title schemes and homeowners associations have risen over the last couple of years, including better security options, affordability and unique living spaces. Understanding the differences between these two bodies is a must for any prospective home buyer in modern day communal living.

July 5, 2018
Multiple mortgages
Property Finance

Multiple mortgages

Extending finance on a home loan is possible in two ways: accessing funds under security of the already registered bond or, should the security provided under this bond not be sufficient, a second bond can be registered.

July 5, 2018
The terms of an estate agent mandate
Contractual Matters

The terms of an estate agent mandate

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.

July 5, 2018
Selling a sectional title unit
Sectional Title Governance

Selling a sectional title unit

Sectional title units have grown in popularity over the last number of years because of the increased security and affordability that these units offer. This is particularly true for first-time buyers or young couples starting out.

June 1, 2018
Foreign interest in South African immovable property
Legislative Guidelines

Foreign interest in South African immovable property

The South African property market’s continued growth in the last 10 years has proved to offer valuable investment opportunities, both for local buyers as well as for foreign investors. However, as with many transactions that reach cross international borders, a property purchase by an individual or company needs to comply with a specific set of regulations.

June 1, 2018
Demystifying the voetstoots clause
Contractual Matters

Demystifying the voetstoots clause

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.

June 1, 2018
Your sectional title unit and Airbnb
Sectional Title Governance

Your sectional title unit and Airbnb

Many people who own a second property are owners of a unit in a sectional title scheme for investment purposes. These units have largely been let to tenants for rental income, but more recently, Airbnb has changed the landscape of property rentals and how owners are able to derive an income from their investment properties.

April 28, 2018
Municipal valuations and disputes
Legislative Guidelines

Municipal valuations and disputes

Municipal property valuations can assist sellers in determining an appropriate asking price for a property, but property owners should also keep an eye on these figures so as to plan their monthly expenses properly…

April 28, 2018
Selling a property out of a deceased estate
Contractual Matters

Selling a property out of a deceased estate

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

April 28, 2018
Approval in principle
Property Finance

Approval in principle

Buying a home can be a stressful process, particularly in a competitive market where you need to move quickly or run the risk of losing out on buying the property of your dreams. Being given an ‘approval in principle’ from a financial institution can play a significant role in moving ahead with the property agreement contract.

April 2, 2018
The do’s and don’ts of buying a property
Contractual Matters

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

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.

April 2, 2018
Can I object to my neighbour’s renovations?
Contractual Matters

Can I object to my neighbour’s renovations?

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…

April 2, 2018
Offer to Purchase: Part 1 - Terms of the Agreement
Contractual Matters

Offer to Purchase: Part 1 - Terms of the Agreement

There are three essential elements which must be included in order for the OTP to be valid and legally binding. In addition, here are more aspects to consider.

March 2, 2018