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Selling a property without approved building plans
Legislative Guidelines

Selling a property without approved building plans

It’s often the case that a seller would like to sell – and a purchaser would like to buy – a property without approved building plans or an occupation certificate. But what does the law say? In terms of the…

July 25, 2022
A closer look at two cases where HOA restrictions were dealt with
Sectional Title Governance

A closer look at two cases where HOA restrictions were dealt with

In 2014, a developer in Midstream estate in Midrand instituted legal action against two sets of owners/respondents in almost identical cases. Both cases dealt with clauses that imposed an obligation to build a dwelling within a prescribed time frame.

July 25, 2022
Electronic signatures and the virtual commissioning of affidavits
Contractual Matters

Electronic signatures and the virtual commissioning of affidavits

In our June newsletter, we looked at an interesting court decision handed down in 2020 by the Eastern Cape Division of the High Court of South Africa, related to the application of electronic signatures to offers to purchase land.

June 28, 2022
The property professional’s checklist for dealmaking
Contractual Matters

The property professional’s checklist for dealmaking

The property professional plays a critical role in the process of buying and selling real estate. When ‘making the deal’, they must engage with the seller to collect information and documentation that will be needed throughout the process. At the time of taking the mandate, it is crucial that they clarify certain facts and obtain specific information and documentation in order to pre-empt any issues that may arise, thus saving time.

June 28, 2022
Divorce Act and Marital Regime: No Accrual
Legislative Guidelines

Divorce Act and Marital Regime: No Accrual

In this article, we explore the issue of the constitutional validity of section 7(3)(1) of the Divorce Act in respect of marriages entered into after 1 November 1984 and excluding the accrual system.

June 28, 2022
Electronic signatures and OTPs
Contractual Matters

Electronic signatures and OTPs

As we live in an online world, and because of the recent pandemic, electronic signatures are becoming more commonplace – and an increasing number of buyers and sellers are asking to sign their OTPs electronically.

May 27, 2022
The Money Laundering and Terrorist Financing Report 2022
Legislative Guidelines

The Money Laundering and Terrorist Financing Report 2022

In March 2022, the Financial Intelligence Center (FIC) published a report dealing with the assessment of the inherent money laundering and terrorist financing (MLTF) risks for legal practitioners.

May 27, 2022
Can you run a business from a sectional title scheme?
Sectional Title Governance

Can you run a business from a sectional title scheme?

Since the onset of the Covid-19 pandemic in 2020, many people have started working from home – or even running businesses from home. This trend has led many trustees and bodies corporate to ask whether an owner or tenant in a sectional title scheme can run a business from their unit.

May 27, 2022
The AARTO Act: constitutional or unconstitutional?
Legislative Guidelines

The AARTO Act: constitutional or unconstitutional?

The constitutional validity of the Administrative Adjudication of Road Traffic Offences (AARTO) Act and the Administrative Adjudication of Traffic Offences Amendment (AARTO Amendment) Act was recently challenged in the matter between the Organisation Undoing Tax Abuse (OUTA) v The Minister of Transport and others.

April 28, 2022
Universal Partnerships: what is required?
Legislative Guidelines

Universal Partnerships: what is required?

There is currently no statute in South Africa that regulates the relationships between cohabitees if they are not formally married.

April 28, 2022
CSOS and the courts: where do I take my dispute?
Legislative Guidelines

CSOS and the courts: where do I take my dispute?

Here’s a look at a recent case which dealt with a dispute between the body corporate and residents in a sectional title scheme.

April 28, 2022
When ownership of immovable property is vested in a company
Contractual Matters

When ownership of immovable property is vested in a company

There are instances where ownership of land is vested in a company. Typically, a company is registered, usually with one or two directors, and such company then takes transfer of the immovable property. The land is then held in the name of the legal entity (being the company), with the individuals or directors who intend to stay there holding shares in the company.

March 30, 2022
An ethical approach to fee discounts
Contractual Matters

An ethical approach to fee discounts

Legal fees are regulated by tariff guidelines, which are issued by the Rules Board in terms of the Legal Practice Act. Although these tariffs are guidelines, they are typically followed in the conveyancing industry. As a result, if fees are ever queried, they can usually be backed up by the regulations issued in the Government Gazette from time to time.

March 30, 2022
The deal collapsed – is the attorney to blame?
Legislative Guidelines

The deal collapsed – is the attorney to blame?

The case of Nienaber N.O. and van den Berg (the plaintiffs) versus Nelson and Kitching Attorneys (the defendants) highlights the criteria of the duty of care a conveyancer should be aware of when providing services to clients. In this case, the plaintiffs instituted action alleging that the defendants owed them a duty of care as conveyancers and acted negligently and in breach of such duty. Let’s take a closer look.

March 30, 2022
The Property Practitioners Act 22 of 2019: what you need to know
Contractual Matters

The Property Practitioners Act 22 of 2019: what you need to know

In 2017, the Government undertook to interrogate the Estate Agency Affairs Act and replace it with one it deemed more suitable. The result was the Property Practitioners Act (PPA), which came into effect on 1 February 2022. In this article, we’ll be touching on some of the highlights – or lowlights, depending on your point of view – of this new act.

March 2, 2022