Variety of Matrimonial Regimes in South Africa

In a diverse society like our own, unlike homogenous societies like Japan or South Korea, there are various potential matrimonial regimes you can encounter. 1. Married in community of property While marriage exists, parties in respect of the joint estate cannot: 1.1 perform any juristic...

No Approved Plans for Property Sold

SUPREME COURT OF APPEAL RULES THAT THE VOESTOOTS CLAUSE PROTECTS SELLER FROM ABSENCE OF APPROVED PLANS ODENDAAL V FERRARIS FACTS Ferraris purchased a property from Talita Odendaal. After he moved in on 30 June 2006 and before the transfer was registered Ferraris discovered various defects...

Option to Buy and Right of First Refusal option

There can be an option to buy/purchase property or an option to sell property Generally speaking we deal more frequently with options to purchase. Option is described as an offer to purchase (or sell) property coupled with an undertaking not to revoke the offer for...

When you can no longer act under a Power of Attorney

Legal incapacity An adult with full contractual capacity is entitled to make decisions about his/her personal welfare, financial affairs and medical treatment. Sometimes a person with full contractual capacity may not be able to do something personally (for example sign a document) because that person...

Practical Advice to Contracting Parties

SELLER   PURCHASER 1. Maintain all payments iro bond, (over payments will be refunded), home owner’s insurance, rates and taxes, (duplication in payments will be refunded by the council) / levies up until transfer, (duplication in payment will be refunded by the body corporate)  ...

Property Practitioners Act

The estate agency profession has been regulated by the Estate Agency Act since 1976. After the Property Practitioners Bill had been passed by Parliament, the National Assembly and the National Council of Provinces it was signed into law on 2 October 2019. Upon promulgation by...