“A man’s home is his castle.” (Sir Edward Coke, English common law ruling, 1604) Of course, what we all want to hear at the end of our house-selling journey is something like this “Congratulations! You sold for a good price, the buyer’s taken transfer and you’ve been paid the purchase price. Time to pop the …
Who Appoints the Conveyancer? Your House, Your Choice Read More
“Don’t wait to buy land, buy land and wait.”(Wil Rogers) Summer’s a great time to look for property. With the year winding down and the holiday season upon us, many sellers who’ve been holding back are now putting their properties back onto the market, so expect to see some great new buys out there. But …
Blue Skies Ahead for Property? Be Prepared with this Buyer’s Checklist Read More
“A bad neighbour is a misfortune, as much as a good one is a great blessing.” (Hesiod, 700 BCE) It seems that every community has at least one nightmare neighbour who delights in objecting to everything, fighting with residents and management at every turn, and becoming abusive and aggressive when they don’t get their way. …
Three Ways to Protect Yourself from the Nightmare Neighbour in Your Complex Read More
“From small mistakes come great catastrophes.” (Justin Cronin) We’ve all seen how even the smallest mistake can have huge consequences down the line. A recent High Court spat between siblings over a poorly-drafted will confirms once again that when it comes to important documents (and it doesn’t get more important than your will!), every word counts. …
Sibling Showdown: How one missing word in a Will divided a family Read More
“Good Fences make good neighbours” (Robert Frost) When you buy into a community scheme (such as a security estate, complex, or apartment block) you automatically become a member of its management body: either a Homeowners Association (“HOA”) if your property is full-title or freehold, or a Body Corporate if your property is part of a …
“[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk” (extract from judgement below) Cybercriminals absolutely love targeting property transactions because they provide the perfect mix of large money deposits, heavy reliance on email communication from trusted parties like attorneys, banks, and estate agencies, and deadlines creating …
Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake! Read More
“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent to let out your property. Whatever the transaction involved, make sure that the agency mandate …
Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On Read More
“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the judgment below) When drawing up …
“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take a transfer into your name, and move in. But then disaster strikes. The Municipality tells you no occupancy certificate was …
Property: Why Do You Need an Occupancy Certificate Before You Buy? Read More
“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter-offer.” (Extract from judgment below) A good offer comes in for your property, so you accept it. But you’re not happy with a few of the terms, so before you sign you make …
Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection Read More
