Mandatory Disclosure Forms in terms of Section 67 of the Property Practitioner Act

Section 67 of the Property Practitioners Act (PPA) makes it mandatory for a Property Practitioner (PP) to not accept a mandate unless the seller or lessor of the property provides the PP with a fully completed and signed Mandatory Disclosure as set out in regulation...

Conveyancing – Marital status in South Africa

The following legislation regulates the marital status of persons in South Africa: Matrimonial Property Act 88 of 1984 Recognition of Customary Marriages Act 120 of 1998 Marriage Act 25 of 1961 Black Administration Act 38 of 1927 Deeds Registry Act 47 of 1947 I   Matrimonial...

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...