Consumer Information

# Estate Agency Affairs Act 112 of 1976…

Author: EAAB ESTATE AGENCY AFFAIRS ACT 112 of 1976: To provide for the establishment of an Estate Agency Affairs Board and an Estate Agents Fidelity Fund; for the control of certain activities of estate agents in the public interest … Download...

# Buying Property from a Company – Should You Buy the Shares or the House? – July 2021

You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company or take over the company (which owns the house and nothing else) by buying the shares and thus avoid the delay and cost of a normal property transfer and registration in the Deeds Office…

# DIGITAL SIGNATURES – LATEST CASE LAW! – 12 April 2021

Never before in our country’s history, have we seen a concerted effort in the property industry as we did, during levels 5 and 4 of lockdown, for estate agents; attorneys; sellers and purchasers to find “alternative methods” to sign sale agreements for land, when they had no access to printers and could not meet face to face as we are all accustomed to…

# Estate Agency Affairs Board

Author:  EAAB ABOUT: THE ESTATE AGENCY AFFAIRS BOARD: The Estate Agency Affairs Board (EAAB) was established in 1977 in terms of the Estate Agency Affairs Act 112 of 1976 (“the Act”), with the mandate to regulate and control certain activities of estate...

# RULES FOR 90 DAY NOTICE PERIOD – July 2021

The law states that any person wishing to sell their home needs to give their bank or bond originator written notice of their intent to cancel a bond. The notice period may differ from bank to bank but as a general rule your bank will require 90 days’ notice…

10 common mistakes sellers make – and how to avoid them – 17 March 2022

Property transactions are lengthy and convoluted processes with many potential pitfalls and, in a strong sellers’ market, one or two small mistakes are unlikely to be an issue, however, more serious omissions or errors can put a spanner in the works and, in a tougher market even small errors can prove costly…

15 common mistakes made by first-time property buyers – 24 August 2021

Navigating the property industry as a first-time home buyer can be nerve-wracking and overwhelming, and the thought of making a mistake with such a large investment can be enormously stressful. In this article, we unpack the most common mistakes made by first-time property buyers and provide advice on how to avoid them…

3 Steps to Buying Your First House – 1 March 2022

“Happiness is… buying your first home” (Anon)
Few things in life can compare to the joy of finally crossing the threshold of your first home. If you are like most of us, you have been dreaming of this day for years and years – it has finally arrived!…

3 steps to POPIA compliance – 16 July 2020

South Africa has become the latest African country to legislate the protection of personal information, with the country’s Protection of Personal Information Act (POPIA) in South Africa that came into effect on 1 July 2020…

4 ways to sweeten a commercial property deal – 22 September 2021

Selling a commercial property can be a challenge in difficult economic times, particularly in the current environment where many companies have left the office to work from home. But there are more ways than simply lowering the price to entice a suitable buyer…

5 BENEFITS OF HOA LIVING – 8 February 2022

Homeowners’ associations (HOA), or estates, as they are commonly referred to, differ from sectional title schemes in a number of ways, offering a few attractive advantages.
A few of the most significant advantages of living in an HOA…

5 THINGS TO CONSIDER WHEN PURCHASING AN OLDER HOME – 27 September 2021

To some, buying a ‘fixer-upper’ seems like a dream proposition and for others, it is the only option that their budgets allow for. However, even though older homes often have great character features that most new homes do not, they can also be the stuff of nightmares if buyers are not careful…

6 factors hanging in the balance for property in 2021 – 25 January 2021

Having started the year in technical recession, only to be hit by a pandemic, few would have predicted that 2020 would turn into a successful year for property. Thanks to an unexpected wave of buyers triggered by low interest rates, motivated lenders, and excellent value on the market, however, South African property has emerged from 2020’s challenges with its head held high…

6 Reasons for Rental Agents to LOVE FICA – by Shaun Luyt

Yes, believe it or not, there are (at least 6!) reasons for Rental Agents to LOVE FICA . . . Rental agents are required to carry out FICA-related due diligence on ALL prospective Tenants and Landlords BEFORE entering into a business relationship with them, i.e. concluding a mandate, or a lease agreement …

6 reasons why you should pay a deposit when buying property – 11 September 2020

As a first-time home buyer, the most important thing to consider is whether or not clients can afford to take this big step. While it is still possible for a bank to grant clients a 100% home loan which does not require a deposit, we strongly encourage our first-time home buyers to consider putting down a minimum deposit of at least 10% of the value of the property to ensure that their home loan repayments are reduced and more manageable…

8 must-have features home buyers want in 2022 – 27 May 2022

As we now begin to emerge from the greatest disruption in a century and people are adjusting to a post-pandemic world, getting their lives back on track and once again planning for the future, we’re beginning to get a good idea of what the trends will be going forward…

90 Day Penalty Clause in Mortgage Bonds

Whenever you sell your house and are required to cancel the existing bond, you must remember that the standard home loan agreement has a clause reading something like the following:…

A bank guarantee and its benefits – 24 May 2022

With many South Africans taking advantage of the low interest rate to get into the property market and purchase their first home, there are a few new terms they’ve had to decipher while navigating the home buying process. One of these is a “bank guarantee”…

A Complete Guide to Working from Home in 2020 – June 2020

One wonders how many office-based businesses, having been forced to work remotely during the lockdown, will now abandon or minimise their office spaces on a permanent basis rather than return to the “old normal”. Regardless, if you and your staff are currently working from home, you need to configure the arrangement for maximum productivity and quality of life…

A Letter from IEASA’s President – Christo Weilbach – 24 April 2020

At this stage I am sure that everyone’s nerves are raw and that frustration and uncertainty is high on the agenda. We are in uncharted waters and we need to swim. At least Estate Agents are known for their resilience and I know that our profession will come back from this stronger than before…

A Notary Public – July 2020

Certain documents can, by law, only be drawn and attested by a Notary Public for them to be acceptable, especially considering that the information contained therein is relied on by third parties…

A Power Of Attorney Can Lapse – 27 June 2017

Whether because of old age or practical necessity, an ageing parent may decide to entrust the management of his affairs to one of his children, by signing a Power of Attorney in their favour. The question that arises is whether such a Power of Attorney would remain operational in the event of the parent becoming incapable of managing his own affairs…

A Testator’s Intention: Is it enough for a valid Will? – 7 September 2021

The Wills Act sets out clear requirements for the drafting of a valid Will, including that it must have a signature or mark of the testator and must be witnessed. However, what happens if the wishes of the deceased are seemingly clear but the document does not otherwise meet the requirements of a valid Will?…

A Testator’s Intention: Is it enough for a valid Will? – 7 September 2021

The Wills Act sets out clear requirements for the drafting of a valid Will, including that it must have a signature or mark of the testator and must be witnessed. However, what happens if the wishes of the deceased are seemingly clear but the document does not otherwise meet the requirements of a valid Will?…

Advantages of Owning Your Own Home

Author : Homeloans SA Owning a Property is the largest single achievement anyone can aspire to. This article covers the ‘Investment’ Aspect relating to Property Ownership.

AGENCY CONVERTING FROM CC TO COMPANY: EXISTING FFC STILL VALID? – 25 March 2019

Where an estate agency converted form a close corporation to a company, are the Fidelity Fund Certificates issued to the close corporation and its members sufficient and compliant with the requirements of the Act for the purposes of the operation of the (new) company and its directors? The judgment answers this question and illustrates the outcome of a dispute between an estate agency and an ex-intern employee regarding restraint of trade and the validity of the agreement they had entered into…

Agent commission: What am I paying for? – September 2020

Sellers often feel estate agents get too big a piece of the pie, mainly because they don’t know and can’t see what the agent is actually doing for commission earned. This sometimes leads sellers to avoid using an agent when selling their homes…

ALARM BELLS: YOU’RE A TRUSTEE OF A TRUST TOGETHER WITH YOUR EX – 19 May 2022

PM N.O and Another v DM N.O and Another (26855/2021) [2022] ZAGPPHC 313 (4 May 2022)
Of course it can be very tricky to remain a trustee of a trust together with a person to whom you were previously married. But as this judgment illustrates, one must remember that a trust is a unique legal arrangement and its trustees must always act in the best interests of the trust, and leave personal issues aside. If this cannot be achieved, the ex-spouse can be successful in an application to remove the other trustee…

All the frill’s don’t make it a marriage – 10 September 2021

Botha v Steyn (13326/2014) [2021] ZAKZDHC 23 (2 August 2021)
A and B, both South African citizens, got married in a splendid ceremony hosted at a hotel in London, or so A thought. The ceremony could not constitute a valid marriage because the UK marriage laws were not complied with, a fact that the evidence suggests they were both aware of at the time…

AN ESCAPE FROM CONTRACTUAL OBLIGATIONS BECAUSE THEY ARE UNFAIR? – BEADICA 231 CC AND OTHERS V TRUSTEES FOR THE TIME BEING OF THE OREGON TRUST AND OTHERS (CCT109 /19) [2020] ZACC 13 (17 JUNE) – 10 July 2020

In recent times, there has been increasing debate and court judgment dealing with the question whether an agreement between two reasonable business persons is at risk of being invalidated by invoking unreasonableness, unfairness and public policy considerations, viewed against the background of legal certainty and pacta sunt servanda (the principle that contracts freely entered into between parties must be honoured and, if necessary, enforced by the courts)…

An in-depth look at the Rental Housing Act. – 7 May 2020

The Rental Housing Act 50 of 1999 essentially regulates the relationship between landlords and tenants and it provides for dispute resolution by the Rental Housing Tribunal. It is important for landlords and tenants to familiarise themselves with the contents of the Act together with the Amendment bill to see how changes affect the parties involved…

ANN BERNSTEIN: Expropriation Bill is not as bad as portrayed, but the crux lies in implementation – 11 April 2021

For a country desperate for higher rates of investment to ignite sustainable economic growth, the Expropriation Bill, and the headlines that have accompanied its passage through parliament’s consultation processes, could not have been more poorly timed.
Coverage of the bill has cast it as the legalisation of what is presumed soon to become a vast wave of theft and looting as officials across the land use their powers of expropriation to denude property owners of all kinds of assets, not just land…

ANOTHER DEMOLITION OF ENCROACHING BUILDING ORDERED – 16 January 2020

We have often before reported on case law where owners were ordered to demolish buildings built without municipal approval. This matter deals with a related scenario where demolition is sought of an encroaching building that was built without municipal building plan approval…

Are one-year lease agreements a thing of the past? – 3 September 2021

Deciding which rental agreement is best for the income you want to earn on your property can be challenging for landlords. As with any successful business, your journey as a landlord should begin with a viable business plan of which your rental contract term is an essential part…

ARE ONLINE MEETINGS HERE TO STAY? – 15 March 2021

Hosting a successful body corporate general meeting is always a challenge. When a sufficient number of owners do not attend the meeting, a quorum will not be met and it can result in an unnecessary waste of time for those owners who did make the effort to attend…

ARE VIDEO WILLS VALID IN SOUTH AFRICA? – 15 September 2020

There is no precedent on the validity of video wills in South Africa. In order for a will to be valid and accepted by the Master of the High Court in this country, it has to comply with the requirements as set out in section 2 of the Wills Act 7 of 1953…

ARTICLE PUBLISHED / FEAR OF EXPROPRIATION – FOE? – 26 July 2019

Earlier this month, the Expropriation Bill was approved by Cabinet and sent to Parliament for adoption. This prompted a revived deluge of negative press, fears of government-approved land grabs and visions of a fast forward to Zimbabwe-style land losses. None such perceptions are warranted or correct…

AVOIDING THE ELEPHANT IN THE ROOM – 6 November 2020

It is indeed the large proverbial elephant that must be served and digested before 1 June 2021, but it is relatively easily achievable if the business management has the right mindset, a healthy POPI appetite…

Bank mortgage lending is drying up in South Africa – 29 May 2020

The South African Reserve Bank (SARB) says that banks have adopted a relatively conservative approach to mortgage lending. Banks will understandably be taking a cautious approach in the short-to-medium term as a result of the fallout from the Covid-19 pandemic…

Big Brother’s (unrestrained) watch has ended – 28 May 2021

In February 2021 the Constitutional Court handed down a Judgement that made notorious whistle-blower Edward Snowden tweet: “wow”.
Privacy and the protection thereof has become an increasingly hot topic of late, with the spotlight shining on the practices of social media giants, governments, and the like…

Big standoff between retailers and landlords loom – 7 May 2020

Shopping centres and large retail outlets are bleeding. With most having to keep their doors closed during the lockdown period, revenue has slowed to a trickle – or to nothing at all. Even for stores that may trade, feet through the door is becoming a long-forgotten concept as many shoppers turn to online orders and home deliveries…

Black Communities Development Act 4 of 1984

To provide for the purposeful development of Black communities outside the national states; to amend and consolidate certain . •. ‘·laws which apply with reference to such communities; and to provide for matters connected therewith…

Blow for activists in River Club development – 1 March 2021

On 22 February it was announced that Western Cape minister for environmental affairs and development planning (DEADPA) Anton Bredell had decided to dismiss appeals lodged against the environmental authorisation (EA) issued by his department in August 2020 for a proposed R4.5bn development in Observatory…

Body corporate cannot sit back after sequestrating defaulters – 28 May 2021

FirstRand Bank Limited v Master of the High Court (Pretoria) and Others (1120/19) [2021] ZASCA 33 (7 April 2021)
When an insolvent company or individual’s assets are sold to pay its debts, and it becomes apparent that the value of the assets is not enough to settle the administration costs of the insolvent estate, thus creating a shortfall in the estate, the creditors of that insolvent estate who proved claims against the estate will be held liable to contribute to the administration costs of the estate, pro rata according to the value of their claims…

BODY CORPORATE WOES TO COLLECT LEVIES – 27 MARCH 2017

This judgment illustrates the dilemma often faced by bodies corporate in collecting arrear levies: although it acts on behalf of and for the well-being of all owners, it cannot sequestrate a defaulting owner if it cannot be shown that the step will also be for the benefit of all other creditors of the owner…

Breach of Contract

Remedies in case of a breach of contract What remedies does a party to a deed of sale have if the other party fails to fulfil his or her contractual obligations?

BREAKING THE BOND – 14 July 2020

One of the tricky issues to be resolved during a divorce could be when the couple owns a property jointly and even more so when a mortgage bond is registered in both their names..

Builders welcome Development Bill

Author : Minister of Economic Development: Ebrahim Patel 13 December 2013 The Master Builders Association of the Western Cape (MBAWC), a registered trade association for employers in the building industry, has welcomed the Infrastructure Development Bill…

BUILDING PLANS ARE MORE THAN JUST PAPERWORK – 21 January 2021

Camps Bay & Clifton Ratepayers Association and Others v Al Khalifa Family Trust and Another (11256/2019) [2020] ZAWCHC 181 (15 December 2020)

In this matter, a homeowner not only deviated from its approved building plans and subsequent rider plans, but also continued building before the outcome of departure applications (which were never granted)

Buy to Let

Author : Homeloans SA Buy to Let – What are the Banks Requirements Investors who are looking for a good return on their investments still believe that property is the place to put your money. One way of doing so is to through a process called “Buy-to-Let.”

Buying a Repossessed House

Author : Homeloans SA How to Buy a Repossessed House One way of getting into the property market as an investment, or to buy your own home, is to buy a repossessed house. One way of getting into the property market as an investment, or to buy your own home, is to buy a repossessed house.

Buying, Selling or Leasing a Property

Author:  EAAB What is the most important aspect when selling or buying a house? Common sense. Don’t be in a rush. Do your research, always ask for advice and before you sign anything make sure you fully understand all the terms of sale and all the relevant...

Can A Body Corporate Amend Any Scheme Rules? – 17 May 2016

When opening a new sectional title development, the developer is bound to certain management and conduct rules prescribed in the Sectional Titles Act. These include rules regarding the election and remuneration of trustees, voting, improvements and owner meetings…

CAN A BODY CORPORATE EVICT YOU OVER UNPAID LEVIES? – 11 October 2021

Body corporates are an essential – and an obligatory – part of sectional title schemes, operating for the benefit of all owners to keep property values high and communities compliant.
To do their work, body corporates rely on the levies paid by sectional title owners, but what happens when these levies aren’t coming in?…

Can a body corporate still raise special levies? – 12 March 2020

When the Sectional Titles Schemes Management Act no 8 of 2011 was promulgated in October 2016, many trustees and owners in sectional title schemes were under the impression that special levies were now a thing of the past. What lead to this impression was the obligatory requirement for a maintenance, repair and replacement plan (MRRP), compelling schemes to save for big expenses and evidently eliminating the need for special levies…

CAN A MORTGAGE BOND EMBODY A SALE? – 19 November 2020

Elmo-York N.O v Van Dyk and Another (67219/2019) [2020] ZAGPPHC 570 (22 September 2020)
In this matter the court was asked to declare that a mortgage bond document, in addition to constituting the security for a loan, also embodies a sale agreement…

CAN AN ESTATE AGENT BE BARRED FROM ENTERING A SECTIONAL TITLE DEVELOPMENT DURING ALERT LEVEL 3? – 23 June 2020

It is common practice for a property owner or investor to appoint an estate agent to either list and sell his or her unit or to manage the rental thereof. Such estate agent acts on the written authority of the registered owner and is allowed to perform certain acts or duties, which include entering the sectional title development to take photos of the unit, to conduct an ingoing or outgoing inspection or to show the unit to a potential purchaser or lessee…

Can I Change My Mind After Signing A Contract? – 25 June 2019

John is eager to secure accommodation at university for his daughter and concludes a lease agreement for a flat near campus. Before commencement of the academic year, she has a change of heart and decides to pursue studies at a different institution. What are John’s rights?…

CAN I REVOKE AN OFFER? – 30 March 2021

Two of the fundamental elements of the South African Law of Contract is offer and acceptance. In other words, for a legally binding contract to come into existence, there must be a valid offer and there must be a valid acceptance of such an offer…

Can real estate contribute towards rebuilding South Africa’s crippled economy? – 16 February 2021

Despite President Ramaphosa’s optimistic analogies of fynbos re-emerging after fire, 2021’s State of the Nation Address made it clear that South Africa has a long, and largely undefined, road to recovery ahead. While defeating the coronavirus pandemic and state corruption featured highly, economic recovery took centre stage. The good news is this is one area in which help may be at hand from an often overlooked economic contributor: property…

Can you sell your exclusive use area? – 23 April 2020

EUAs comprises parts of the common property where specific owners enjoy exclusive use and enjoyment of these areas. The different types of usages allocated to EUAs include parking bays, storerooms, balconies, roof terraces, gardens and garages…

Cancelling a lease: The devil is in the detail, every time – 23 September 2021

Acire Property Holdings (Pty) Ltd v Banzi Trade 31 (Pty) Ltd t/a Brick-It (7889/2021) [2021] ZAGPPHC 542 (25 August 2021)
To the naked eye, the following would probably appear to constitute a proper cancellation of a month-to month lease: “ … hereby give you notice of termination of the lease agreement with immediate effect…

CAPE TOWN BOUTIQUE HOTEL TO GO UNDER THE HAMMER – 10 February 2021

The scheduled online auction of 40 Burg Street… a landmark heritage building in the centre of Cape Town, comes at a time when the city’s once-thriving traditional business hub faces a potential identity crisis.
This online auction which will close at 14:00pm (South African time) on Wednesday, the 17th of March 2021…

Cape Town Deeds Office – 15 July 2021

During this time we are experiencing extreme delays at the Deeds Office due to the adjusted Level 4 restrictions and the Deeds Office now working with one third the number of employees…

Capital Gains Tax (CGT) – March 2021

Capital gains tax (CGT) was introduced in South Africa with effect from 1 October 2001 and applies to the disposal of an asset on or after that date…

Caravan Homes on Agricultural land: Important prerequisites – 20 July 2021

Leppan N.O and Others v King (2471/2020) [2021] ZAECGHC 67 (20 July 2021)

Many people feel a little envious of others’ semi-permanent caravan homes, situated on a far-off piece of farmland away from city life, in respect of which they have somehow managed to secure a long term entitlement to use…

Changed Home Loan Disclosures Mooted – 11 April 2017

In the past three weeks [March/April 2017] we reported on the new Agricultural Land Holdings Bill and the Property Practitioners Bill. This week there is the Amendment Bill to the Home Loan and Mortgage Disclosure Act, also published in the past month…

Children’s Act – abr.

Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS CHILDREN’S ACT MAJORITY AGE: Certain portions of the Children’s Act, Act 38 of 2005 came into operation on the 1 July 2007. Probably the most far-reaching provision in terms of the act, as...

Choose rental homes as carefully as your own – 28 January 2020

When buying an investment property, you should apply the same “rules” about location, condition and security as when buying a home for yourself. That’s the word from Berry Everitt, CEO of the Chas Everitt International property group, who says that volatile equity markets, relatively low interest rates and banks eager to lend on residential property have spurred an increase in buy-to-let purchases this year, in spite of slow rental growth rates.

City of Cape Town

THE NEWSLETTER FOR THE RESIDENTS OF CAPE TOWN Welcome to the City News – updated daily Read...

City of Cape Town – Contact Numbers

Useful contacts  ACCOUNTS (General enquiries & account enquiries) Telephone: 0860 103 089 Telephone: (overseas callers only) 021 401 4701 Fax: 0860 103 090 E-mail: accounts@capetown.gov.za ALCOHOL & DRUG 24/7 HELPLINE Telephone: 0800 HELP 4 U 0800 435 748...

City of Durban RSA

Welcome to the official website of the eThekwini Municipality [DURBAN] the City News – updated daily Read...

Civil Union Act – abr.

Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS Civil Union Act, 2006: The Civil Union Act, 2006 came into effect on 30 November 2006, with the aim to provide for the solemnization of civil unions by way of either a marriage or civil partnership, the...

Civil Unions – 5 October 2021

The different forms of civil unions (which can be male/female or same-sex) require individuals, especially property practitioners, to understand the specifics pertaining to signature of the Offer to Purchase…

Claims Process and Litigation Against an Estate Agent

Author : Estate Agency Affairs Board [EAAB] CLAIMS PROCESS & LITIGATION: Estate Agency Affairs Board was established in terms of Estate Agents Affairs Act 112 of 1976. The Board is a legal person and can therefore sue or be sued on its own name. It has perpetual...

CO-OWNING A PROPERTY AND THE BOND – 12 July 2018

Whether for financial or other reasons, people often invest in property as co-owners, whereby each owns an undivided share in the property. Many such buyers take the sound precaution to draw up a co-ownership agreement…

COASTAL HOUSE PRICE INFLATION CONTINUES TO OUTPERFORM – 19 February 2021

The appeal of KwaZulu-Natal’s North Coast is increasing exponentially and home buyers – including those from Gauteng – are looking to make this scenic region their home, edging further northwards, particularly with new schools and commercial developments in the pipeline for these areas…

COMMENCEMENT OF BUSINESS RESCUE BY BOARD RESOLUTION – 19 May 2020

When thousands of South African companies shut their doors on 26 March, the sad reality was that many that would never open again. As the economic effects of the measures imposed to curb the spread of COVID-19 are being felt across the board, companies in financial distress are forced to examine their options. Chapter 6 of the Companies Act provides for a company or close corporation to enter into business rescue as an alternative to liquidation…

COMMENCEMENT OF BUSINESS RESCUE BY BOARD RESOLUTION – 19 May 2020

When thousands of South African companies shut their doors on 26 March, the sad reality was that many that would never open again. As the economic effects of the measures imposed to curb the spread of COVID-19 are being felt across the board, companies in financial distress are forced to examine their options. Chapter 6 of the Companies Act provides for a company or close corporation to enter into business rescue as an alternative to liquidation…

Common law derivative action survives for close corporations despite Companies Act – 11 February 2022

Naidoo and Another v The Dube Tradeport Corporation and Others.
In the recent decision the Supreme Court of Appeal yet again had cause to consider two issues which have long occupied the minds of corporate lawyers: (i) the common law derivative action by means of which members of a company or close corporation may take legal proceedings on behalf of the entity in circumstances where such entity fails to institute the necessary proceedings to protect its interests; and (ii) the doctrine of constructive notice…

Community housing scheme rules also bound by Constitution – 7 April 2021

It is quite common for the trustees and directors of sectional title and other community housing schemes to want to change the conduct rules of their schemes in pursuit of a harmonious and co-operative atmosphere between residents, but they must be careful not to overstep the mark and end up with rules that are actually illegal…

COMPANY DEREGISTERED: WHO GETS THE OWNERLESS PROPERTY? – 19 February 2021

Matjhabeng Local Municipality v McDonald and Others (4075/2020; 4077/2020; 4078/2020) [2021] ZAFSHC 34 (19 February 2021)
Deregistration of companies failing to comply with statutory requirements has become the order of the day, and the consequences of bona vacantia (ownerless property devolving to the State) is real…

COMPLEX ELECTRICITY TARIFFS AND THE KNOCK-ON EFFECT ON LANDLORDS – 20 July 2020

With many South Africans working from home, residential users will be in for a shock when it comes to their electricity bills. The electricity tariff hikes came into effect from the 1st of July 2020 and these complex tariffs are not only frustrating, but they are hindering attempts by consumers to manage electricity costs at a time when, for most people, every cent counts…

COMPLYING WITH POPIA IS A BIG BUSINESS WORRY ONLY – 3 November 2020

POPI in the most simple terms sets out ways in which businesses must deal with the personal information that they hold. This includes personal details of their employees, as well as the personal details of their customers, clients and service providers, whether the customers and clients are individuals or other businesses/entities…

CONDITIONAL ACCEPTANCE OF OFFER – 29 APRIL 2016

You as seller are 99% happy with an offer presented to you by a potential purchaser, but one or two things still bother you. To make sure the deal is not lost, you make your desired amendments to the offer and then sign it…

CONSENT TO SUBDIVIDE AGRICULTURAL LAND: NO EASY HURDLE – 4 March 2020

Many agricultural land owners know of the limitations imposed on development of their land by virtue of the Subdivision of Agricultural Land Act. This judgment illustrates the difficulties such owners face and highlights what facts must be shown to appeal the Minister’s refusal of an application to subdivide…

CONSIDER THIS BEFORE CANCELLING A LEASE – 23 MAY 2016

To-ing and fro-ing in negotiations regarding alterations to premises before commencement of the lease period, lead the tenant in this matter to ultimately walk away from the deal as the premises appeared not to be ready for occupation on the lease commencement date…

Constitution Act 1996 – It`s Time for Change…

Author : Millers Attorneys THE CONSTITUTION ACT OF 1996 … ‘It’s Time for Change…’ Insurance contracts are frequently seen to have a clause that if a claim is repudiated, the insured has 90 days to institute action, failing which the...

Consultative Selling – Workshop [module 3]

Author :  Meryl Muller – Estate Agents Training Academy [EATA] CONSULTATIVE SELLING COURSE: ‘The Necessary Ingredients for Ongoing success’ This 1 Day Course is module 3 of the IEASA – WC “3 Module”Training Initiative Programme for:...

CONSUMER LAW

Author : Black Sash Publication CONSUMER LAW 1. What is Contract?2. The Law of Contract and Consumer’s Rights3. Ways of Selling and Buying4. Buying on Credit and Credit Agreements5. Debt Collectors6. Other Methods of Recovering Debt7. Friendly Societies8. Buying...

Consumer rights explained – 25 April 2022

As consumers, we have rights when purchasing goods in-store and online. We help you understand these rights and provide you with the steps you can take to ensure that goods purchased meet your expectation…

CONTAINER HOMES IN SOUTH AFRICA: HOW TO GAIN COUNCIL APPROVAL – 31 March 2021

The debate on container homes has gone back and forth for years. At face value, container homes are an obvious solution to addressing the affordable housing shortage and while the concept seems quite simple, there is still a large degree of uncertainty surrounding container homes with South Africans cautious to adopt the alternative building method head on…

Context of 1st Durbanville appeal to save property from Auction – 23 February 2022

You will have seen or heard of social media and more recently press articles regarding the initiative to “Save the Durbanville Scout Property”.

The Western Cape Region of SCOUTS South Africa has over the past years built a strong working relationship with the City of Cape Town in regard to our leased and owned properties. We enjoy good support and cooperation from the City officials around these…

Cooling-Off – Period for Purchasers

In terms of the Alienation of Land Act, fixed property can only be sold by way of a written agreement between a seller and a purchaser. The act was some time ago amended to afford purchasers a “cooling-off” right.

Court case looming over penalty/fee dispute? – 3 September 2020

The Estate Agency Affairs Board (EAAB) and industry watchdog Rebosa remain at loggerheads over the legal merits of penalising estate agents with hefty fees upon re registration with the EAAB after a period of absence and the registration fees required for principals…

Courts will hold you to a promise to pay – 26 August 2021

The parties in this judgment used to be married. After their divorce in 2002, they kept close ties, Mrs J allowing her ex husband to use money owing to her in terms of the divorce (upon the sale of their joint properties), to purchase a new property…

Covid-19 : 21-Day Lockdown – 24 March 2020

Following the announcement from our President Cyril Ramaphosa of a 21-day lockdown commencing midnight on Thursday, 26th March 2020, STBB hereby advises as following: The Deeds Offices will close on the 26th March until further notice…

COVID-19 AND SUPERVENING IMPOSSIBILITY – 20 March 2020

Much has been written in the past few weeks on the effect of unanticipated occurrences on contractual obligations to perform. Here follows a brief discussion of the principle of supervening impossibility and some of the important case law that are relevant in the context…

CPA – New Laws Clamp Down On Sellers

Author : Agent – The Official Publication of the Estate Agency Affair 1 April 2008 CONSUMER PROTECTION ACT – New Laws Clamp Down on Sellers….. Act 68 of 2008 – What is envisaged

CPA 68 of 2008

CPA 68 of 2008 CONSUMER PROTECTION ACT 68 of 2008 Download...

CPA 68 of 2008 – Overview

Author : Andre van Greunen – VgV Attorneys, Notaries & Conveyancers NOTES ON CONSUMER PROTECTION ACT 68 OF 2008 1.PURPOSE OF THE POLICY OF ACT Forms the legal framework for a consumer market that is fair and responsible for the benefit of the consumer...

CPA Implications for Landlords – 21 June 2013

CPA Implications for Landlords:21 June 2013 The Consumer Protection Act (CPA) was signed into law on 24 April 2009 and has empowered the consumer and changed the way that businesses deal with their customers – including the relationship between landlords and tenants....

CREDIT LIFE INSURANCE – 30 April 2020

While the debt relief holiday announced by South Africa’s major credit providers was a welcome relief to many, there are alternative measures that very few South Africans are aware of, although they are already providing for them…

CSOS ANSWERS FREQUENTLY ASKED QUESTIONS BY MEMBERS OF COMMUNITY SCHEMES – 9 July 2020

On 23 June 2020 CSOS acting Chief Ombud, Ndivhuo Rabuli, published a directive and answers to 43 frequently asked questions that have bearing on homeowners’ associations and body corporates. The questions range from general questions to specific questions relating to registration of community schemes, levies and fees and annual financial statements…

DAMAGES CLAIM FOR AGENT PREVENTED FROM PERFORMING MANDATE – 31 MARCH 2016

Granting an exclusive mandate to an agent generally means that, for a determined period of time, the agent has the sole right to market the property and solicit offers in respect thereof. Where the seller breaches the provision, he may be liable to pay damages equal to commission to the agent who has been frustrated in performing his/her duties, as the interesting facts of this matter illustrate…

Dealing with a deceased’s immovable property – 7 November 2017

The legal requirements that ordinarily apply to the sale of land, also apply to property that is sold out of a deceased estate, namely that the agreement must be recorded in writing and be signed by both the seller and the buyer, either personally or by an agent authorised in writing to sign on that party’s behalf…

Debt Collectors Act 1998

DEBT COLLECTORS ACT 1998 An extract from: Estate Agency Affairs Board – DEBT COLLECTORS ACT The Debt Collectors Act :- There has recently been much polemic as to whether or not those estate agents engaged in the management and administration of rental property...

Default on Mortgage Repayments

Author : Homeloans SA DEFAULT ON BOND PAYMENTS Defaulting on your Home Loan It is an undisputable fact that many South Africans live above their means and with high interest rates and job losses, many South Africans fall behind with their home loan payments

DELAYED MUNICIPAL UTILITY BILLS – 13 FEBRUARY 2017

This judgment is an important acknowledgement of property owners’ rights when faced with large and delayed municipal utility bills. Here the owner received and paid water bills based on an estimated reading over a period of about 5.5 years…

Department of Justice & Const Develop of SA

Transparent, responsive and accountable justice services for all What’s New Address by Deputy Minister Jeffery at the Sheriffs’ Introductory Course (SIC) 100 [20 Jan] Master: Updated list of Records of Accounts for Estates [20 Jan] Draft Bill: Invite to Comment...

Deposits For Rental Agreements – 13 December 2016

The Rental Housing Act regulates the relationship between landlords and tenants and sets out clear terms for this relationship, as well as procedures to be followed in the event of a dispute arising between the parties…

DESPERATE TIMES, DESPERATE MEASURES FAIL – 8 February 2021

Motsima and Another v Kopa and Others (2122/2019) [2021] ZAFSHC 21 (8 February 2021)
A cash-strapped homeowner, fearing the bank will repossess his property, searched on Google for assistance. He found the assistance by way of the offer of a sale of his property and then a re-purchase thereof, within a certain period. ..

DEVELOPMENT LAW UPDATE | ISSUE 02 – 2020 (PART 2) – 11 November 2020

WHO LOGS IN ON THE GREEN BOND “TINDER” PLATFORM?
Green bonds have historically been issued by multilateral lenders such as the World Bank, the African Development Bank and the European Investment Bank. Increasingly, large corporates have joined in to increase market appeal to a broader investor group…

DEVELOPMENT LAW UPDATE | ISSUE 02 – 2020 (PART 3) – 11 November 2020

RECENT DRAFT AMENDMENTS TO THE SECTIONAL TITLES ACT: SOME FLEXIBILITY FOR DEVELOPERS
In September this year, suggested amendments to the Sectional Titles Act (‘STA’) were gazetted. Some of these affect developers directly and should provide more flexibility to amend sectional title plans at the time before the body corporate comes into existence…

Digital signatures – Latest case law concerning sale of land – 15 June 2021

Never before in our country’s history, have we seen a concerted effort in the property industry as we did, during levels 5 and 4 of lockdown, for estate agents; attorneys; sellers and purchasers to find “alternative methods” to sign sale agreements for land, when they had no access to printers and could not meet face to face as we are all accustomed to…

Direct real estate vs property unit trusts – 22 April 2022

You have some money and want to grow Your Wealth, but are unsure where to put this money.
Two possible and often popular avenues are putting money directly into commercial property or investing in unit trusts that have exposure to the property sector…

Disciplinary Process Against an Estate Agent

Author : Estate Agency Affairs Board [EAAB] Disciplinary Process: Lodging of a Complaint against an Estate Agent must be by way of completion and submission of a Complaint Initiation Form Consideration of Complaint & Investigation Acknowledge receipt of complaint;...

Disclosing Information – Estate Agents

Author : Estate Agency Affairs Board [EAAB] Seller’s liability for latent defects is always of interest to buyers, sellers and estate agents. As a guideline, attention is drawn to: Clause 4.1.1 of the Code of Conduct – which provides:- “an estate…

Disposal of residence

Author : CLIFFE DEKKER HOFMEYR Disposal of residence Published: 24 Oct 2012 Deadline: disposal before 1 January 2013 The Taxation Laws Amendment Act, No 7 of 2010, which came into operation on 1 October 2010, inserted Paragraph 51A of the Eighth Schedule to the Income Tax Act, No 58 of 1962, which widens the relief in respect of the disposal of a residence and imposes certain new conditions

Does an Owner Builder have to Register with the NHBRC? – 26 April 2016

The provisions of the Housing Consumers Protection Measures Act 95 of 1998 require home builders to be registered with the National Home Builders Registration Council and not to commence the construction of a home until they have been issued with a certificate of enrolment from the council…

Don’t Pay Double Commission! – September 2020

With many property sellers allowing multiple estate agencies to market their properties in their attempts to sell during what is still (for the moment at least) a buyer’s market, now is perhaps a good time to remind both sellers and buyers of the double commission danger…

DON’T RISK THAT YOUR BUSINESS BECOMES THE NEXT EXPERIAN – 21 August 2020

South Africa’s largest data breach has now been contained, according to the Experian credit bureau. During 24 to 27 May this year, it had released the personal details – including identity numbers, telephone numbers, physical and e-mail addresses of more than 23 million individuals and nearly 800 000 businesses – to an individual, now the ‘fraudster’, who presented himself as authorised to have that information…

EAAB – Latest Update – 31 May 2020

THE EAAB’S COMMITMENT TO CONTINUED SERVICE DELIVERY: IT IS TO BE NOTED – that the EAAB will not at this stage be opening its doors to the public or Property Practitioners on 08 June however, communications will be sent out and placed on the EAAB website advising the official date for reopening its doors…

EAAB COVID-19 Support Measures for the Real Estate Sector – 14 May 2020

The property industry is an important economic driver and as the regulator, the Estate Agency Affairs Board (EAAB), believes it is imperative that is pursues relief measures and offers assistance to mitigate some of the challenges its stakeholders are facing during this unprecedented outbreak…

EAAB didn’t renew PI cover for estate agents – 16 July 2020

It was recently confirmed that the professional indemnity cover, that the Estate Agency Affairs Board (EAAB) arranged for all estate agents in 2017, lapsed about a year ago and wasn’t renewed without the regulator informing the industry of this yet…

EAAB doesn’t acknowledge blame for late FFCs – 25 March 2021

The EAAB at long last broke its silence over the Gauteng High Court judgement in respect of the urgent court application brought by Rebosa to compel the regulator to comply with its mandatory duty to issue outstanding Fidelity Fund certificates (FFCs)…

EAAB must issue FFCs immediately – 18 March 2021

The Estate Agency Affairs Board (EAAB) has been ordered to issue without delay all outstanding fidelity fund certificates (FFCs) to the applicants listed in the urgent court order brought by Rebosa…

EAAB on: Property Practitioner Act No. 22 of 2019 – April 2020

On 03 October 2019 the President promulgated the Property Practitioners Act No. 22 of 2019 which brings about a very important era in the history of the real estate sector in South Africa. The Estate Agency Affairs Board (EAAB) welcomes this opportunity, and although it may bring about some challenges for the real estate regulator due to the expansion of its statutory mandate, the EAAB embraces the opportunity that is brings…

EAAB this must stop! – 4 March 2021

The Estate Agency Affairs Board (EAAB) again has a technical failure fiasco on their hands.
Last Thursday 25 February hundreds if not thousands of estate agents and principals sat down for their online Professional Designation Examination (PDE)…

EAAB Whistle Blowers Hotline

The Estate Agency Affairs Board has a Whistle Blowers Hotline available for reporting of any “foul” play that you are aware of regarding trust monies, and irregular transactions that are being conducted

EAAB-Agents to Make Use of Mandatory Disclosure Form

Author : Agent – Official Publication of EAAB IMMEDIATE RELEASE 31 MARCH 2011 ESTATE AGENTS TO MAKE USE OF A MANDATORY DISCLOSURE FORM The Estate Agency Affairs Board (“EAAB”), mindful of the imminent coming into operation of the Consumer Protection Act,...

EAAB: WAIVER OF CONTINUING PROFESSIONAL DEVELOPMENT (CPD) FEES:

Subsequently, the EAAB published a communique citing that CPD fees for 2020 will be waived and that those estate agents who have already made payment towards their CPD fees will have their accounts credited for the 2021 financial year and will not be required to pay the CPD fees in the corresponding year…

EAAB: EDUCATION PRACTICE NOTES

It is essential that registered estate agents acquaint themselves with the content of the under-mentioned practice notes from time to time.The practice notes are invaluable to estate agents as they specify processes to ensure compliance with mandatory education and training requirements…

Education Regulation R633

Author : Estate Agency Affairs Board [EAAB] NEW EDUCATION REGULATIONS: GOVERNMENT NOTICE No. R. 633 on 4 June 2008 DEPARTMENT OF TRADE AND INDSTRY – ESTATE AGENCY AFFAIRS ACT,1976 SUBSTITUTION OF THE REGULATIONS RELATING TO THE STANDARD OF TRAINING OF ESTATE...

Effective cause of sale, but no commission – 2 August 2013

Author: SAFLII South African Legal Information Institute EFFECTIVE CAUSE OF SALE, BUT NO COMMISSION Tekenpraktyk CC v Erf 2720 Tzaneen (Pty) Ltd (20648/2012) [2013] ZAGPPHC 228 (2 August 2013) Summary of the judgement : [by STBB] An estate should caution not to assume that commission is payable simply because he was the effective cause of a sale…

Elected Domicilium addresses – 8 August 2020

One of the most common clauses that can be found in a contact is the so-called domicilium citandi et executandi clause. This clause, simply put, provides the addresses of the parties to the agreement, where they consent to service notices and pleadings in relation to that agreement…

Electrical Compliance Certificate

Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS ELECTRICAL COMPLIANCE CERTIFICATE – A REQUIREMENT IN LAW: There is an obligation in Law that when property is transferred, there is in existence a valid electrical compliance certificate or the obligation to obtain an electrical compliance certificate.

Electronic Communications and Transactions Act 2001

ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 2002 To provide for the facilitation and regulation of electronic communications and transactions; to provide for the development of a national e-strategy for the Republic; to promote universal access to electronic...

Electronic signatures now legal for home sales? – 5 November 2020

A recent Eastern Cape High Court decision – Borcherds and Another v Duxbury and Others (1522/2020) [2020] ZAECPEHC 37 (22 September 2020) — has focused the law on the ever-increasing use of electronic signatures. Unfortunately, the judgement, instead of giving guidance and certainty, introduces confusion and doubt into this fast-growing category of technology…

Employers: Beware the “Casual Worker” Myth! – May 2021

Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA)…

What about Independent Contractors/Estate Agents?:

Environmental duty of care: realities for the real estate sector – 23 September 2021

Operators in the real estate sector routinely deal with a slew of challenges, relating but not limited to construction defects or delays, injuries to tenants and liability claims due to property damage. Landlords, landowners, and property managers, however, typically overlook their environmental duty of care (DoC) obligations in this respect, which attracts liability risks arising from environmental pollution or non-compliance events at their owned and or managed properties…

Estate Agent Commission and VAT – 6 March 2018

The VAT increase coming into effect on 1 April 2018 triggered some tricky questions. One of these is the question what the VAT rate will be in the case of estate agent’s commission payable in respect of a mandate granted to the agent before 1 April 2018, where a sale is completed (all suspensive conditions fulfilled) after this date…

Estate Agents Duties

Author: EAAB Estate Agent Duties: [a guide for Consumers] When buying, selling or renting a property, you may decide to ask an estate agent to help you. An estate agent is a licensed person who must hold a current Fidelity Fund Certificate and should follow your...

Estate agents must embrace ongoing training and development – 25 April 2019

With the EAAB (Estate Agency Affairs Board) clamping down on agents trading in the real estate industry who have not renewed or ever applied for their Fidelity Fund Certificates (FFC), as well as disqualifying agents for noncompliance with their Continuing Professional Development, it is now more important than ever to insist on continuous training as an essential part of operating within this industry.

Eviction order – 14 April 2022

In Davidan v Polovin NO and Others [2021] 4 All SA 37 (SCA) right of occupation and nature of necessary consent in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998…

Expatriates and South African tax laws – 4 February 2021

Many hundreds, if not thousands of South Africans depart annually in search of greener fields abroad. Most of these expats retain their South African citizenship and live undisturbed with a work VISA issued by the foreign country…

Expatriates and South African tax laws – 4 February 2021

Many hundreds, if not thousands of South Africans depart annually in search of greener fields abroad. Most of these expats retain their South African citizenship and live undisturbed with a work VISA issued by the foreign country…

Expert Determination versus Arbitration – 8 February 2022

It is important for contracting parties to identify and agree on the most appropriate way for resolving differences and disputes that may arise between them. Possible dispute resolution processes include negotiation, conciliation, mediation, arbitration, litigation and expert determination…

EXPROPRIATION BILL 2020 SUBMITTED TO PARLIAMENT – 12 October 2020

The bill, which is set to replace the Expropriation Act of 1975 consistent with the Constitution was gazetted on the 9th of October 2020. The bill forms part of the work that government is undertaking to ensure that a comprehensive land redistribution for agricultural purpose, human settlements and industrial development is implemented…

Factors that Affect Interst Rates

Author : Homeloans SA FACTORS THAT AFFECT INTEREST RATES Which Factors Affect the Interest Rate on Your Home Loan There are a number of factors that influence the rate you are being charged on your Home Loan. We look at what we call external factors

FFC IN NAME OF COMPANY, NOT CC: NO COMMISSION – 25 NOVEMBER 2016

An estate agent’s Fidelity Fund Certificate (FFC) is a prerequisite for the agent to operate and earn commission. The law requires further that where the agent is a company or close corporation (CC), a FFC is required for both the company or CC and the directors or members…

FICA Handbook For law firms – April 2021

This handbook covers:
Understand FICA and how it relates to the law industry.
Understand the shift from FICA to FICAA.
Assess the money laundering & terrorist financing risks associated with certain clients…

Fiduciary Rights and immovable property: What you need to know – 31 August 2021

For many people, drafting their Will is often a somewhat overwhelming experience. It can even become daunting where various challenges must be addressed. Imagine, for example, that you have married for a second time and there are children from one or both marriages and the relationship amongst the families is not especially amicable…

FINANCIAL INTELLIGENCE CENTRE ACT [FICA] and IDENTIFYING SUSPICIOUS & UNUSUAL TRANSACTIONS – 2020

The purpose of the Financial Intelligence Centre Act (“FICA”) is to combat money laundering activities by, amongst other things, establishing a Financial Intelligence Centre (“FIC”) and imposing certain duties on all persons carrying on a business or who is employed by a business. Money laundering can be described as the performing of any act which may result in concealing the nature, source, location or movement of the proceeds of unlawful activities or any interest that anyone may have in such proceeds…

Financially struggling unit owner: May trustees agree on settlement amount? – 22 October 2021

Zikalala v Body Corporate of Selma Court and Another (AR255/2020) [2021] ZAKZPHC 81 (23 September 2021)
This judgment is very important for trustees and managing agents. It explains why trustees and managing agents, whether or not out of goodwill, will fall foul of their statutory responsibilities if they accept, without more, a settlement amount from an owner who is unable to pay the full outstanding levy debt…

FLISP policy revised – 13 June 2022

FLISP stands for Finance Linked Individual Subsidy Programme, a government subsidy available to all South African first-time buyers. In the past, you needed to have an approved home loan to access this subsidy, but this rule changed on 1 April 2022…

Foreign Buyers and Home Loans

Author : Homeloans SA Foreign Buyers and Home Loans in South Africa An increasing number of foreign buyers, also known as non-residents, have been buying property in South Africa over the last number of years. South Africa is seen as a sought-after investment opportunity by many foreigners

Foreign Marriages – 26 January 2016

When persons of different nationalities marry, or South African citizens get married abroad, it triggers our law’s rules relating to domicilium, in terms of which it is determined which country’s laws apply to the marriage…

Forum shopping in sectional title disputes: Court or CSOS? – 5 August 2021

Heathrow Property Holdings No 33 CC and Others v Manhattan Place Body Corporate and Others (7235/2017) [2021] ZAWCHC 109 (1 June 2021)

The judgment deals with disgruntled sectional title owners who sought to resolve a dispute regarding a management rule of the scheme, in court. The court emphasised that there are significant differences between its jurisdiction and powers and those of the Community Schemes Ombud…

FORUM SHOPPING: WHERE MUST SECTIONAL TITLE DISPUTES BE HEARD? – 25 February 2022

Wingate Body Corporate v Pamba and Another (33185/2021) [2022] ZAGPPHC 46 (21 January 2022)

The Community Schemes Ombud Service provides for a dispute resolution mechanism in community schemes. In establishing this service, the legislature had intended that it becomes the primary forum for the adjudication and resolution of disputes that fall within the wide ambit of the Ombud’s jurisdiction…

Four tips for being a smart renter – 30 April 2020

Most of us will be a renter at some point during our lives. It may be a stepping stone for somebody leaving their parents’ home for the first time. Or, you may choose to be a renter rather than a home-owner for the long term simply because of the appeal of the flexibility and lower short-term costs that come with being a tenant. As a tenant, there are various tips and strategies to follow to safeguard yourself…

Fractional Ownership

Fractional Ownership based on the ownership of undivided shares in a property as opposed to shares in a company or member’s interest in a CC

Funds transferred to wrong account – can you keep it? – 18 May 2020

In the case of NISSAN SOUTH AFRICA (PTY) LTD v MARNITZ NO AND OTHERS (STAND 186 AEROPORT (PTY) LTD INTERVENING) 2005 (1) SA 441 (SCA), an amount of R12,767,468.22 was paid into the wrong bank account due a clerical error by the bank, making this dream come true for Maple Freight CC (“Maple”)…

GAUTENG SHOWS HIGHEST LEVEL OF FINANCIAL PRESSURE-RELATED SELLING IN COMMERCIAL MARKET – 21 September 2020

FNB Commercial Property Broker Survey for the third quarter of 2020 surveys a sample of commercial property brokers in the six major metros of South Africa i.e. the City of Johannesburg and Ekurhuleni (Greater Johannesburg), Tshwane, eThekwini, City of Cape Town and Nelson Mandela Bay.
The survey focuses on the key drivers of movement and sales activity in owner-serviced properties and the results show financial pressure to still be by far the biggest single driver…

Getting Your Home Loan Approved

Author : Homeloans SA What is required to get Your Home Loan Approved in Todays Market When you look at the most recent statistics of home loans approved in South Africa the answer to the question, “What is required to get a home loan approved today?”

Good news for banks in South Africa – 25 March 2022

A recent analysis of South Africa’s major banks by financial services firm PwC shows that banks delivered a strong financial performance in the 2021 financial year with a 99% increase in headline earnings against the prior year…

Good Time to Buy Property

Author : Homeloans SA GOOD TIME to BUY PROPERTY The Best Time to Buy a Property is when Media Reports, refer to the Property Cycle, as a “Buyers Market”. The Principle of “Supply and Demand” directly influences the situation.

Good Time to Sell Property

Author : Homeloans SA The Best Time to Sell a Property is when Media Reports, refer to the Property Cycle, as a “Sellers Market”. The Principle of “Supply and Demand” directly influences the situation

Guarantee as required by local authority really means only that – 13 August 2021

Tramore Property Group (Pty) Ltd v Vosloorus Square CC (235/2020) [2021] ZASCA 41 (13 April 2021)
This judgment teaches a valuable lesson. The seller of land to be developed cancelled the agreement due to the alleged non-compliance by the purchaser with the requirement to provide a guarantee relating to internal services and bulk provisions to the development…

Guide to the new Property Practitioners Act – 14 March 2022

On Friday 14 January 2022, a notice in the Government Gazette announced that the Property Practitioners Act will become effective on 1 February 2022. Final regulations were also released.
Guide to the new Property Practitioners Act that highlights the most important requirements…

GUIDES FOR TENANTS, LANDLORDS AND SECTIONAL TITLE OWNERS

These housing guides, explaining the rights and duties, the resources and recourses, of tenants, landlords and sectional title owners, were developed by Yeoville Studio in collaboration with the Socio Economic Rights Institute (SERI)…

GUIDES: The value of a deposit when buying a home – 23 August 2019

In a world of instant gratification, the idea of delaying a home purchase until you’ve saved up a deposit sounds positively antiquated to many people – but there’s nothing old-fashioned about the amount of money to be saved by doing just that, says Rudi Botha, CEO of BetterBond…

Hard lockdown and commercial tenant-landlord obligations – 10 September 2021

Freestone Property Investment (Pty) Ltd vs Remake Consultants CC and Another (2020/29927) [2021] ZAGPJHC 150 (25 August 2021)
Hard lockdown hit commercial tenants and their landlords without discriminating between the two. The court here was asked to find that a commercial landlord’s cancellation of the lease was unlawful, the tenant arguing that due to the supervening impossibility caused by lockdown, it could not be obliged to pay rentals…

Has Covid-19 triggered a fundamental shift in SA’s housing market? – 18 August 2020

The near-universal lockdown of global economies earlier this year as governments attempted to contain the coronavirus is unprecedented, with the social and economic consequences of the initial lockdown and subsequent gradual easing of restrictions still unfolding, making predictions in terms of the economy – and South Africa’s housing market – extremely difficult. The level of activity in the housing market in the months since real estate agencies were allowed to reopen (1 June 2020 at Level 3) surprised market analysts…

HELPING YOUR CHILDREN ONTO THE PROPERTY LADDER – 1 March 2021

Getting onto the property ladder is one of the most important financial investments for younger generations. But, with the average age of South African first-time buyers around thirty-six, young adults may be struggling to raise funds for a deposit for their first home or, they may be nervous about making such a big financial commitment…

High Court rules no FFC no commission – 9 January 2019

No FFC no claim to sue for commission ruled acting Cape Town High Court judge Diane Davis on 12 December 2018 – a ruling that has thousands of agents worried as this directly impacts their income while still awaiting the Estate Agency Affairs Board (EAAB) to issue their FFC’s for 2019.

Higher incomes needed for home loans

Author : CEO – Shaun Rademeyer – BetterBond Home Loans Higher incomes needed for home loans12 Dec 2013 According to the latest statistics from BetterBond Home Loans, home buyers in South Africa now need to earn a gross monthly income of around R30 000 to buy an average home costing some R952 000

HIPSTURBIA – A GENERATIONAL PROPERTY TREND – 10 November 2020

With a vast number of factors influencing where and how we choose to live, one of these is most certainly when we were born and, the context in which we grew up. Millennials, between the ages of twenty-four and thirty-nine, account for almost 30% of the total population according to Statistics SA, representing the largest generation to enter the country’s workforce (51%)…

History of Prime Overdraft Interest Rates

Bank Lending Rate in South Africa averaged 12.29 percent from 1957 until 2018, reaching an all time high of 25.50 percent in August of 1998 and a record low of 5.50 percent in December of 1962.

The current Bank Lending Rate is 9.75% as at: 16 January 2020

Home Loan Process

Author : Homeloans SA The Home Loan Process Purchasing a property and home loan applications can be a very stressful and lengthy process. To help you understand it better we listed below the entire process and who is involved…

House prices falling despite increased demand – 23 June 2020

According to Multinet Home Loans, the bond originator has seen an unprecedented increase in home loan submissions since the Level 5 lockdown in April. Multinet Home Loans has seen a 36.57% increase in submissions vs 2019 numbers in June, whilst home prices have shown a real decline of 12% in June so far, taking predicted inflation into account…

House showing checklist – September 2021

Whether you are looking to sell or make your home available for rent, you have decided to start this process. However, just because you have made up your mind does not mean that your home is ready to welcome potential tenants and buyers…

HOUSEHOLD MORTGAGE ADVANCES SHOWING EARLY SIGNS OF ACCELERATION – 2 November 2020

The commercial property-driven corporate mortgage advances growth rate has significantly outpaced the strongly residential driven household mortgage advances category since early 2014. However, the strong recent divergence in strength between the now relatively strong residential property market and the weaker commercial property market may see household mortgage advances become the relative ‘outperformer’ in the near term…

Housing Act 107 of 1997

To provide for the facilitation of a sustainable ho~fig development process; for this purpose to lay down general principles applicable to housing development in all spheres of government, to define the functions of national, provincial and local governments in respect of housing development and to provide for the establishment of a South African Housing Development Board, the continued existence of provincial boards under the name of provincial housing development boards and the financing of national housing programs, to repeal certain laws; and to provide for matters connected therewith…

Housing Consumers Protection Measures Act 95 of 1998

Author : Millers Attorneys Housing Consumers Protection Measures Act 95 of 1998 1. One of the purposes of the Act is to make provision for the protection of housing consumers. It also creates the NATIONAL HOME BUILDERS REGISTRATION COUNCIL (NHBRC), whose objects are,...

Housing Consumers protection Measures Act 95 of 1998 (part2)

Author : Millers Attorneys Housing Consumers Protection Measures Act 95 of 1998 (part 2) Financial assistance to housing consumers: 1.The Act obliges the NHBRC to establish a fund to provide assistance to housing consumers under circumstances where a home builder...

HOW A BREAK UP CAN AFFECT LANDLORDS AND TENANTS – 18 November 2021

It is an unfortunate reality that when relationships end, both landlords and tenants are at risk. The last thing on people’s minds is the paperwork associated with ‘moving on’ but, the admin that goes with this process, if ignored, can have dire financial consequences…

How long before a debt is written off in South Africa? – 9 April 2022

Prescribed debts are debts that can be written off after they have passed a prescribed period of time.
Different debts have different prescribed time frames that need to pass before they can be written off. The most common debts can be written off after three years and the three-year time period starts as soon as the debt is due…

HOW REAL IS YOUR RIGHT – 25 May 2020

The allocation of rights to the exclusive use of a part or parts of a sectional title scheme’s (“scheme”) common property is somewhat of a contentious topic in communal living in South Africa…

How the new Property Practitioners Act will impact property developers – 26 January 2022

Accreditation and compliance already dominate the operations of South Africa’s property developers – such as ensuring that the necessary certifications are obtained and that the property to be developed follows all the necessary zoning laws. Now, for some property developers, the Property Practitioners Act (PPA) will usher in a new era of additional compliance and certification requirements…

How to Buy a Property on Auction

Author : Homeloans SA How to Buy a Property on Auction When we hear that a property is being sold on auction the first thing that comes to mind is that it’s a sale in execution – where the owner could no longer afford the bond repayments. But times have changed and our assumptions may be rather incorrect

How to buy an affordable home in the Western Cape – 25 September 2021

The Finance Linked Individual Subsidy (FLISP) is an excellent option to assist first-time home buyers within the affordable housing market to become property owners.
This subsidy is currently used to cover the difference between the selling price and mortgage loan and can also be used to cover property and bond registration costs…

How to cancel your fixed-term contract

Author : Lauren Hastie – BOUWER KOBELI MORABE 7 August 2012 How to cancel your fixed-term contract in terms of the CPA Section 14 of the Consumer Protection Act 68 of 2008 (the “CPA”) limits the duration of a fixed term agreement to 24 (twenty four) months....

HOW TO DEAL WITH DEFAULTING LEVY PAYERS – 26 November 2020

All the members in a sectional title development contribute to the scheme’s income which is used to pay its expenses. This may seem simple in theory but when a member starts falling behind in their levy payments, it can quickly escalate and put the scheme under financial strain…

How to get a better interest rate on your home loan – 24 April 2022

Despite economic turbulence in South Africa, the repo rate has remained two basis points lower than it was before the pandemic’s onset in March 2020. This, combined with high approval rates amongst the banks, has created favourable home loan lending conditions for buyers…

How to replace a lost or destroyed title deed… – 25 January 2021

A title deed is a document that serves as proof of legal ownership over a property, and is important for the transfer of property. Regulation 68 of the Deeds Registries Act 47 of 1937 sets out the process that needs to be followed when one has lost or destroyed a title deed or mortgage bond…

How to resolve tax disputes – 15 March 2022

There are many things one can escape in life but facing the mighty giant, SARS, is not one of them. If a taxpayer is aggrieved by an assessment or not satisfied with a decision taken by SARS, it is not the end of the road for them. The law has not left you without any recourse…

HOW TO SELL IN A BUYER’S MARKET – 30 SEPTEMBER 2019

In a buyer’s market, the number of homes up for sale is much larger than the number of prospective buyers looking to purchase. This means that sellers are less likely to fetch their full asking price and are more likely to wait longer for their home to sell…

I AM ACTING FOR OUR FAMILY TRUST: WARNING BELLS – 16 April 2020

What powers do you have to defend and raise actions in a court as trustee of a family trust, or of any other trust? Trustees should be mindful to follow the trust deed in all regards; and where the deed is silent on this aspect, trustees must act in unison…

I DIDN’T KNOW VAT IS PAYABLE! CAN I GET OUT OF SALE? – 1 AUGUST 2016

Modern laws brim with many safeguards for consumers, also in execution sales where both the Rules of Court and the Consumer Protection Act are relevant. Against the background of these provisions, the question that arose in this matter was whether the consumer rights of a successful bidder at an execution sale were denied by the fact that the sheriff did not inform him that VAT would be payable, despite the sale conditions noting that the purchaser will be liable for the costs of transfer…

I Was Awarded The House In My Divorce – 13 November 2018

When X, recently divorced, approached her conveyancer with an instruction to register transfer of the property that was awarded to her in the divorce settlement, she was speechless when she was advised that transfer duty will be payable…

IF YOU ARE STILL WAITING FOR YOUR FIDELITY FUND CERTIFICATE YOU NEED TO READ THIS – 29 April 2022

The Property Practitioners Regulatory Authority (the PPRA) has issued a pro forma application form that Property Practitioners (PP’s) who have not yet received their fidelity Fund Certificates (FFCs) can complete and submit, which allows PP’s to be exempted from holding an FFC. The reason cited on the application reads as follows: “I am advised that the PPRA is currently in a transitional phase in implementing the Property Practitioners Act 22/2019 and the registration and issuing of FFCs to all practitioners. In the interim I apply for an exemption from the requirement to be issued with an FFC in terms of S48(1) of the Act, until 31/8/2022 to allow for time to register and obtain an FFC.”…

Illegal Eviction – August 2002

AUTHOR: The S Does the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 afford the former owner of land protection against eviction, where he or she refuses to vacate the property after the bondholder has foreclosed and sold the property in execution to a new owner?

Illegal use of property: Bite the bullet and pay the penalties – 29 October 2021

City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97; [2021] 3 All SA 667 (SCA) (9 July 2021)
The property owners in this matter rented out rooms in their home to students and young professionals, rendering the property a “commune” for purposes of the relevant municipal zoning. They did not bother to comply with the zoning provisions and apply for permission or stop the letting business…

Implications of Cash-Dominated Transactions for Money Laundering

Author: Article by: ISS, Institute for Security Studies Implications of Cash-Dominated Transactions for Money Laundering (October 2012) Money laundering has traditionally been associated solely with banks. Action to combat money laundering has therefore focussed on...

In Times of Great Change, Make Sure Your Will is Updated ! – May 2020

Particularly in these times of pandemic, deadly infections and uncertainty, no one can ever say with any confidence that we will still be alive tomorrow, or next month, or next year. Now more than ever having a valid and updated will in place is no luxury to be attended to “when I have the time” or “when I am older”…

Information Regulator on deadline for registration of Information officers and Deputy Information Officers – 22 June 2021

The Information Regulator has confirmed that there will be no deadline for registration of Information officers (IO) and Deputy Information Officers (DIO); this means that no responsible party will be held liable for not registering by 30 June 2021. This decision follows technical glitches with the registration portal and numerous concerns raised by responsible parties regarding the registration process…

Instalment Sale Agreements

An installment sale agreement is an agreement of sale of land as defined in terms of the Alienation of Land Act, 1981 used or intended to be used mainly for residential purposes and in terms of a contract as defined in terms of the Alienation of Land Act, 1981 in terms of which the purchase price is paid to the seller by way of more than 2 (two) installments over a period of longer than 1 (one) year but no more than 5 (five) years.

Interception of Communication Act 70 of 2002

Author : Millers Attorneys Interception of Communication Act 70 of 2002 The so-called Interception Act has been assented to but yet has to come into operation. The Act regulates the extent to which individuals and corporations may lawfully intercept and monitor their...

Is buying off-plan the best avenue to enter the property market? – 25 May 2020

Buying property off-plan is a great way for first-time homebuyers to get a foot on the property ladder. It comes without transfer duty as there is no prior owner, and the VAT is included in the purchase price. For these same reasons, it is also an appealing option for someone looking to purchase an investment property that can be rented out to generate income…

Is it better to buy or build or plot and plan in South Africa? – 22 August 2021

Trying to decide whether to buy an existing home or to build is tough. An existing home will probably come with a landscaped garden, services installed, and all fitting decisions already made. If the Deeds Office does its thing, the transfer should be a relatively quick process from the moment your offer to purchase is accepted. But there are benefits in other approaches too…

Is Tax Avoidance legal? – 13 July 2021

There is a general misconception between the terms “tax avoidance” on the one hand and “tax evasion” on the other. These terms can be confusingly similar but there is an important distinction between these tax terms that can have the result of the taxpayer being either on right side of the law, or the wrong side of the law…

Is the CSOS fulfilling its mandate? – 4 March 2022

The 7th of October 2016 signified a new dawn for community living in South Africa, with the creation of the Community Schemes Ombud Service (CSOS), enabled by the Community Schemes Ombud Service Act 9 of 2011. As a result, it was destined to have profound consequences for the greater industry…

It’s my life right? – 7 January 2020

Retirement Villages are trending on the property front and potential Life Right Holders are spoilt for choice when it comes to choosing where to settle down for their retirement…

JUST A LESSON IN MANAGEMENT: IF YOU WANT IT, MAKE IT HAPPEN – 14 April 2022

Naicker N.O. and Others v Park Village Auctions & Property Sales (Pty) Limited and Others (2021/25152) [2022] ZAGPJHC 190 (30 March 2022)
The judgment paints a story of sour grapes after an opportunity was missed. The applicant-Trust wanted its higher offer for a property sold at an auction to be considered, after the highest bid at the auction (which the Trust did not attend) went to a third party purchaser, albeit at a lower price. The Trust hoped to succeed in making a later and higher offer, but the auction purchaser met the auction conditions and succeeded as purchaser of the property…

Just change the rules! – 25 July 2017

Pete and Jane own a sectional title unit in a quiet residential scheme. With their children away on gap years and studies, and with a view to bolstering their retirement savings, they decide to make the now empty accommodation available as Airbnb rental…

Just how enforceable is an Agreement?

Just how enforceable is an Agreement? When two or more parties agree about something, they must respect the agreement, irrespective of what happens.

Key changes proposed for complexes and sectional titles in South Africa – 10 March 2021

Parliament’s portfolio committee on Agriculture, Land Reform and Rural Development has called for written comment on the Sectional Titles Amendment Bill.
The bill introduces a number of additional regulations which largely relate to the management and development of schemes including extensions and common property – with tenants and trustees less likely to be impacted…

LAND EXPROPRIATION – FRIEND OR FOE? – 26 October 2020

Earlier this month, Cabinet approved the Expropriation Bill and sent it to Parliament for adoption. This prompted a revived deluge of negative press, fears of government-approved land grabs and visions of a fast forward to Zimbabwe-style land losses. No such perceptions are warranted or correct, as the short discussion below highlights…

LAND INSTALMENT SALE: NO RECORDAL, NO DEBT ARISING? – 23 FEBRUARY 2017

Where property is sold in an instalment sale agreement, our law requires the contract to be recorded within a certain timeline against the property’s title deed, essentially to protect the purchaser should the seller try to sell the property to a third party without the instalment-paying purchaser’s knowledge…

Land Titles Adjustment Act 111 of 1993

To regulate the allocation or devolution of certain land in respect of which one or more persons claim ownership, but do not have registered title deeds in respect thereof and to provide for incidental matters…

Landlord and tenant – A rocky relationship? – 4 October 2021

Understand the laws that govern and protect both landlord and tenant
Many of us live in rented accommodation and some of us are landlords, renting out our residential property for additional income. In either case, you must be familiar with the relevant laws…

Landlord’s Lien or Hypothec

Movable goods on rental premises fall under the landlord`s lien or hypothec. The rental is secured by the lien/hypothec in favour of the landlord over all movable goods on the premises. This right may only be utilised when the tenant is in arrear with his rental

LAPSED OFFER AS BASIS FOR NEW SALE: THINK TWICE – 7 DECEMBER 2016

An interesting conundrum arose in this matter. The seller and buyer renegotiated an agreement after the buyer’s first offer lapsed. The later agreement was based in main on the provisions of the lapsed offer but, in an attempt to avoid complication, they backdated the agreement so that it fell within the initial offer’s acceptance period…

Leaders: How to stop panicking… and carry on – 20 April 2020

Working from home is the new corporate way of doing business as lockdowns and quarantines continue in several countries across the world in a bid to curb the spread of the coronavirus. As employees adapt and settle into making one location a place of recreation and professional productivity, some are adjusting to working harder than they ever have because of panicked leadership…

Leases, Contracts and COVID-19: What is Force Majeure? – May 2020

The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard.
And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay the agreed rental…

LESSER BOND AMOUNT OBTAINED BUT BALANCE SECURED ON TIME – SUSPENSIVE CONDITION FULFILLED? – 30 April 2018

Property practitioners know that the details of a suspensive condition must be met to the tee for the condition to be considered fulfilled. In this matter, this was the essence of the enquiry, being: if a sale agreement is subject to a suspensive condition that the purchaser must secure a 100% bond by a stipulated date, and the purchaser secures only a 90% bond but pays the balance in cash within the due period, has there been compliance?…

LEVEL 3 NEWS – 29 May 2020

The new regulations relating to Level 3 arrangements have been published. Note that these new regulations do not repeal the 29 April 2020 regulations and these must therefore be read together to get the full picture…

LEVEL 3 REQUIREMENTS FOR ESTATE AGENTS – 31 May 2020

Since the good news that many businesses may again operate under the Level 3 regulations that become effective on 1 June 2020, many questions have been raised by agents as to their responsibilities. Here is a list of important requirements:…

Life partners left out of wills: – 8 March 2022

Generally, where life partners do not conclude a civil marriage, difficulty arises if one of the partners passes away without nominating the other partner as a beneficiary in his or her will…

Lockdown Lessons: Slow return anticipated to a new-normal – 8 May 2020

As part of our # Lockdown Lessons series, Bizcommunity is reaching out to South Africa’s top industry players to share their experience of the current Covid-19 crisis, how their organisations are navigating these unusual times, where the challenges and opportunities lie, and their industry outlook for the near future…

Lockdown! Nuisance Neighbours and How to Handle Them – June 2020

Tensions between neighbours are no doubt at an all-time high, and whether you are working from home or just trying to stay sane until our “new normal” starts kicking in, you are no doubt noticing more than ever all those little irritants from next door that would normally fly below your radar or at least be tolerable…

Making an offer to purchase on a property – what the law says – 13 March 2022

When you find a home you want to buy, the next step is usually to make a written Offer to Purchase (OTP) which the agent will then present to the seller to accept, reject or make a counter-offer.
“And it is very important to understand that when an offer is accepted and signed by the seller, it immediately becomes a legal contract that is binding on both parties”…

MANDAMENT GRANTED AGAINST PROSPECTIVE TENANT – 6 September 2019

The mandament van spolie is a remedy that ensures the restoration, before all else, of unlawfully deprived possession to the possessor. A classic example is that in certain circumstances, even a thief may use this remedy to hold onto goods, if the deprivation occurred unlawfully. This matter deals with the application of this principle, where a prospective purchaser and tenant moved into premises before an agreement was concluded…

MARITAL STATUS: AVOID THESE PITFALLS WHEN CONCLUDING AGREEMENTS – 19 FEBRUARY 2019

Most people are generally aware that in some large transactions, if they are married in community of property, they require the consent of their spouse. Less are aware that without such consent, the property transfer or donation could be invalid; and even fewer are aware of the fact that where a third party transacted with such a spouse in good faith, it is possible that the law will deem that there was consent…

MARITAL STATUS: AVOID THESE PITFALLS WHEN CONCLUDING AGREEMENTS – 19 FEBRUARY 2019

Most people are generally aware that in some large transactions, if they are married in community of property, they require the consent of their spouse. Less are aware that without such consent, the property transfer or donation could be invalid; and even fewer are aware of the fact that where a third party transacted with such a spouse in good faith, it is possible that the law will deem that there was consent…

Matrimonial Property Act 88 of 1984 … some info

Matrimonial Property Act 88 of 1984 … Questions and answers: What is the Matrimonial Property Act? Matrimonial property is property owned or obtained by either or both married spouses before or during their marriage. It is sometimes called ‘matrimonial...

MC Compliance and Legal Solutions…

OWNER: Melanie Coetzee
Is skilled in: Real Estate Transactions, Marketing, Investment Properties, Investments, Rentals, Conveyancing, Negotiation, Real Estate Development, Real Estate, Leases, Property, Business Strategy, Sales, Sellers, Landlords, Foreign Investment, Residential Homes, Property Management

A Legal, Real Estate and Related Industries – Trainer and Educationist

Meandering along the Sea Point Promenade – 22 May 2021

The Simon van der Stel Foundation recently expressed concern that Heritage Western Cape (HWC), the local successor to the National Monuments Council, is allowing the history of old Bantry Bay to be destroyed by permitting the demolition of structures of heritage importance…

METHODS FOR CALCULATING CAPITAL GAINS TAX: – June 2020

If a gain is made on the disposal of immovable property, then a tax is levied against such gain. When identifying the appropriate method for calculating Capital Gains Tax in a specific situation, regard must be had to the date on which the property was acquired by the Seller thereof, as this will have implications on such calculation…

Mortgage Bond Insurance

Author : Homeloans SA BOND INSURANCE Is Life Insurance Compulsory when taking out a Bond When you buy a house and obtain finance in the form of a Home Loan, the bank will make it a condition of grant that you have Homeowners Insurance

Moving in together? Read this … – 4 July 2021

Cohabitating versus legal marriage and property…
Cohabiting before marriage and even opting not to go the legal marriage route is commonplace these days and many cohabiting partners are looking to purchase property together, often as first time buyers…

MUSLIM MARRIAGES: NOW AND THE YEAR 2022 – 18 December 2020

President of the RSA and Another v Womens Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/19) [2020] ZASCA 177 (18 December 2020)

In an important judgment handed down by the Supreme Court of Appeal in December 2020, it was acknowledged that our law’s treatment of the religious marriages concluded in terms of Shariah law has many negative consequences for spouses and children in those marriages

MUSLIM MARRIAGES: NOW AND THE YEAR 2022 – 18 December 2020

President of the RSA and Another v Womens Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/19) [2020] ZASCA 177 (18 December 2020)

In an important judgment handed down by the Supreme Court of Appeal in December 2020, it was acknowledged that our law’s treatment of the religious marriages concluded in terms of Shariah law has many negative consequences for spouses and children in those marriages

MY PROPERTY, IN HER NAME – 25 MAY 2016

Who is considered the ‘owner’ of a property that was bought here by a foreigner, but registered in the name of his South African partner because he was made to believe that he could not, as a foreigner, obtain registration in his own name?…

MYCPD SYSTEM GLITCH – 28 February 2022

NOTICE:
We are aware that some estate agents/property practitioners are currently experiencing technical problems in accessing the MYCPD portal. Our IT Department is busy finding a solution to the challenge.

We humbly request estate agents who are experiencing problems in accessing the MYCPD portal to be patient as means are made to resolve the technical error.

Should a need arise for us to revise the deadlines in relation to the deadline for the completion of the CPD 2021 programme, we will issue a communique in that regard.

A communique will be sent to all estate agents once the technical glitch is resolved.

Sincerely
Education and Training Department
28 February 2022

National Credit Act – NCA

Introduction to the National Credit Act Credit is one of the cornerstones of modern capitalism that lubricates the economy and promotes commercial activity. However, credit enables people to spend money they don’t have, spend more money than they earn, use...

National Credit Act – NCA – abr.

Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS NATIONAL CREDIT ACT: INTRODUCTION The National Credit Act (hereinafter referred to as “the NCA”) was passed by Parliament on the 10th of March 2006. The main provisions of the Act came into effect on the 1st of June 2007

NATIONAL CREDIT ACT [NCA] – CONSUMER RIGHTS

Author : Homeloans SA The NCA: Banking Consumer Rights in a Nutshell One of the most important contributions made by the National Credit Act is that it defines our rights as banking consumers. Before the NCA, the banks did not have to share your credit check...

Navigating property finance in the current economic climate – May 2020

With lockdown and its economic fallout causing untold damage to the economy, more and more South Africans are finding themselves on unpaid leave, reduced salary packages or laid-off entirely. This is placing many homeowners under severe stress when it comes to keeping up with their mortgage repayments and could well be deterring new buyers from entering the market as well…

NCA – About the NCA

Author : Homeloans SA The NCA In A Nutshell The National Credit Act 34 of 2005, which was implemented on the 1st of June 2007, is a voluminous affair. The NCA itself is 116 pages long and the Regulations that apply to it, a further 168 – more than most consumers would volunteer to digest under normal circumstances

NCA – Property and the NCA

Author : Homeloans SA NCA: The Bane of Property Investment The National Credit Act (NCA), since its inception, has been controversial. Quite nobly, the NCA was intended to safeguard consumers from exploitative lending practices and to prevent over indebtedness

NCA Amendment: Why so controversial? – 27 August 2019

The controversial National Credit Amendment Bill was signed into law last week. It provides for special debt relief measures for over-indebted consumers who earn R7 500 per month or less and whose unsecured debt does not exceed R50 000…

NCA and How it Will Affect Your Home Loan App

Author : Homeloans SA The National Credit Act and How It Will Affect Your Home Loan Application. A Blessing or a Curse? The National Credit Act was anticipated with mixed feelings and, when it was implemented on the 1st of June 2007 and was received with mixed feelings

NCA and the Homeloan Market

Author : Homeloans SA The NCA and How It Affects the Home Loan Market The culprit is… The decline in the property market has been blamed on many factors such as the world-wide recession, the high interest rates, inflation and also on the National Credit Act (NCA)

NEIGHBOURHOOD MALLS WILL REMAIN RESILIENT – 20 January 2021

Retail is a function of the South African economy that is struggling but there are defensive segments in the retail sector that are responding valiantly. With an urgent and essential response to the pandemic, we are now seeing the more gradual change – the consequence of constantly morphing property dynamics…

NERSA withdraws private generator rules – 22 May 2018

NERSA withdraws private generator rules The National Energy Regulator yesterday withdrew the draft rules, published in April 2018, that sought to introduce licencing of every form of home electricity generation, including solar photo-voltaic (PV) panels and backup generators…

New Board for property industry announced – 26 November 2021

Cabinet on Wednesday approved and Minister Mmamoloko Tryphosa Kubayi-Ngubane, Minister of Human Settlements, announced the new Board of the Property Practitioners Regulatory Authority “PPRA”, which is to replace the Estate Agency Affairs Board (EAAB) as soon as the PPRA Regulations are finalised. The new Act repeals the Estate Agency Affairs Act, No 112 of 1976 (“EAA Act”) in its entirety…

NEW EDUCATION DISPENSATION for ESTATE AGENTS:

Author : Estate Agency Affairs Board [EAAB] New Education Dispensation for Estate Agents The new outcomes based educational framework for estate agents is contained in the Regulations Relating to the Standard of Training of Estate Agents which was published in the...

New property laws for South Africa – what you need to know – 10 July 2021

Signed into law by president Cyril Ramaphosa in 2019, the Property Practitioners Act (PPA) is currently awaiting official commencement in South Africa.

While there is no firm indication as to when the PPA will come into force, it is expected to bring significant changes for the sector, especially for consumers…

New recovery textbook needed for post-Covid real estate landscape – 17 June 2020

Clawing back from the devastating global cascade of the sub-prime collapse of 2008/09, the real estate market had a tried and tested economic textbook roadmap and traditional real estate models to successfully guide the process. However, as the modern business world has never had to contend with a global pandemic, the real estate industry, still adapting to digital and millennial disruptions, is going to have to write a new recovery textbook, says Yael Geffen, CEO of Lew Geffen Sotheby’s International Realty…

New regulations as South Africa waits for updated lockdown plan – 21 April 2020

Government has published a number of new and revised regulations as the country waits to hear its plan around lifting the five-week-long countrywide lockdown. President Cyril Ramaphosa met with his cabinet on Monday (20 April) to finalise a set of measures to respond to the impact of the lockdown as well as plans for the country once the lockdown is lifted…

New rules for the property sector – 22 February 2022

President Cyril Ramaphosa has signed the Property Practitioners Act 22 of 2019 (“PPA”) into law. Previously we were uncertain as to when the obligations under the PPA would take effect. However, it has now been determined that the PPA is to commence application as of 1 February 2022…

New vision for real estate in which all can win – 8 June 2020

The real estate industry will no doubt look very different by the end of this year to the way it looked before the Covid-19 pandemic – but in many cases, the changes made will be extremely positive for estate agents and principals as well as their clients because of the potential for both better service and greater rewards…

NO FFC, NO COMMISSION – UNLESS YOUR DUCKS WERE IN A ROW – 17 June 2020

In accordance with the Estate Agency Affairs Act 112 of 1976, Estate agents are not entitled to earn commission on transactions they negotiated successfully if they were not, at the time of conclusion of the agreement, in possession of a valid Fidelity Fund Certificate…

However, In an important judgment handed down by the Supreme Court of Appeal last week, it was held that in certain very narrow instances, an estate agent will not be precluded from claiming commission where the Fidelity Fund Certificate was not in place at the relevant time…

No quick recovery expected for the commercial real estate sector – 13 July 2021

Commercial tenants showed signs of recovery in the first quarter of 2021, mirroring the better-than-expected GDP figures revealed for the same period by Statistics South Africa. A recovery in the commercial real estate sector relies heavily on business recovery. Constraints to business productivity, including the continued work-from-home trend, has had a significant impact on the sector…

NO WRITTEN AGREEMENT, NO TRANSFER OF PROPERTY – 16 February 2022

Huma v Kruger N.O. and Others (39164/2020) [2022] ZAGPJHC 70 (16 February 2022)

Often, whether between ex-spouses, family members or business partners, persons make deals regarding their property outside of the usual framework where an estate agent or attorney is involved. They are then not advised of the requirement that the transaction must be recorded in a written agreement, and signed, to be valid…

NOT A TRIFLE TO WALK AWAY FROM A SALE – 4 FEBRUARY 2016

A purchaser, disenchanted with the rate of completion of extras in the equestrian estate in which he invested, sought to cancel the agreement as a result. The court was asked to determine, almost six years after signing the sale agreement, whether he could do so when no date was stipulated by when the extras in the development should be completed…

NOT KNOWING AND PRESCRIPTION – 5 April 2022

Brits v Kommandantsdrift CC and Others (143/2021) [2022] ZASCA 41 (5 April 2022)

The judgment tells a story of the on-sale of a farm that was subdivided and consolidated over years, so that later on both purchasers and sellers had the same misapprehension as to what was really the farm that was sold…

Now is the time to buy – but don’t leap before looking – 24 March 2021

With interest rates at record-breaking lows, property prices subdued but poised for a future upswing, and plenty of stock on the market to choose from, there has seldom been a better time to buy a home. Despite the enviable prospects, however, buyers should be cautious not to throw caution to the wind…

NQF 4 and NQF5 Exemption Matrix

Author : Estate Agency Affairs Board [EAAB] ESTATE AGENCY AFFAIRS BOARD – Equivalency / Exemptions Matrix for: FETC Real Estate NQF level 4 and NC Real Estate NQF level 5 Qualifications All tertiary qualifications that are presented for equivalency purposes must...

OCCUPIER’S CONSENT TO EVICTION NOT THE END OF THE ENQUIRY – 8 JUNE 2017

The Constitutional Court held in this matter that even where there was a purported consent by an illegal occupier to eviction, this did not absolve the Court from its duty to consider all the relevant circumstances and satisfying itself that it is just and equitable to grant the eviction order…

Offer to Purchase

Author : Homeloans SA Making an Offer To Purchase The Offer to Purchase is not only an important milestone in any property transaction, but also constitutes an important document – one that should not be taken lightly at all

Offering alternative housing in hard cases not necessarily enough to get the eviction order – 22 July 2021

Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 (14 July 2021)

The judgment highlights many aspects that commonly arise in eviction orders. Specifically of interest here was the court’s finding that although the owner offered alternative secure housing to the occupier, who was 84 years old and had lived on the property since she was 11, an eviction order would not be just and equitable in these circumstances, even though she was an unlawful occupier (as this term is defined in the PIE Act)…

ONE MESSY TRIO: SELLER’S SARS WOES; DOUBLE SALE; 1ST PURCHASER REFUSING TO VACATE – 23 April 2020

Narainsamy and Others v Nel and Another (15281/2014) [2020] ZAKZPHC 5 (28 February 2020)
Living in an upmarket unit in central Cape Town almost for free for approximately six years due to the seller’s inability to procure SARS clearance for the transfer, this judgment deals with the purchaser’s resistance to an eviction when the property was subsequently sold and transferred to a third party…

ONE THIBAULT – CAPE TOWN’S REIMAGINED ICON – 17 May 2021

Convenience, comfort, affordability and planet sensitivity are all vital aspects to consider when choosing where to live. Multi-use buildings are fast becoming the norm – offering residents any number of convenient amenities within their own building…

Option to renew – 19 August 2020

Many lease agreements contain a clause granting the tenant an option to renew the lease after the expiry of the initial term. The clause will usually specify that the tenant may, before the contract term ends, exercise his/her option and in so doing renew the agreement for a further period…

ORAL AGREEMENT: OPTION TO PURCHASE VS PRE-EMPTIVE RIGHT – 27 August 2019

In 2017 the Constitutional Court declared that a pre-emptive right to purchase property need not be reduced to writing in order to be valid. This was because a right of pre-emption gives the holder thereof no right to claim transfer of land; it merely gives him a right to enter into an agreement of sale with the grantor, should the latter wish to sell…

ORAL MANDATES VALID BUT RISKY – 29 May 2020

The protracted skirmishes between a seller and estate agent evidenced in this judgment illustrate the difficulties that
arise when a mandate is not reduced to writing, confirmed via email or text message, or recorded in any other way.
Pather v Wakefields Real Estate (Pty) Limited (AR82/2016) [2020] ZAKZPHC 16 (29 May 2020)…

Outstanding Tax

The Receiver of Revenue do a risk analysis regarding outstanding taxes on both the transferor and the transferee on all transfer transactions…

Owning assets in a foreign country – 3 July 2021

More and more South Africans use their annual discretionary foreign investment allowances to invest offshore and to acquire assets in foreign countries. The question to be asked then , is whether one needs to have a separate Will for those assets…

Paying Off A Home Loan Sooner …

Author : Homeloans SA Paying Off Your Home Loan Sooner. 20 years is a very long time and 30 years is even longer. In fact, 30 years is half of our adult lives. Many homeowners will be spending that entire time repaying their single largest debt: The Home Loan

Phil Spencer advises agents: Save A Sale, Restore A Reputation! – 21 June 2021

[Well know Presenter of the Popular – UK TV Programme:  Location, Location, Location]
this article was written for the UK Market.

There may well have been times in recent weeks when any agent would have been forgiven for wanting a break – the workload has been exhausting, as it has been for everyone in the property transaction business…

Plan for Capital Gains Tax

The introduction of Capital Gains Tax in the Income Tax Act as from 1 October 2001 will have a significant effect on the estates of all persons dying after that date. The event of death will trigger the capital gains tax and this can cause cash deficiencies in deceased estates.

Planning to get married? A comparative analysis of marital regimes – 23 May 2022

The decision to get married requires careful consideration with regard to your respective finances. Merging your finances, in whatever format you choose for your relationship, is never easy – and it’s advisable to spend time before your marriage carefully choosing a matrimonial property regime that suits your unique set of circumstances…

Play Open Cards in a Sale -19 April 2016

If A sells her river-fronting property to B, knowing that the existence of water rights is crucial to B for his intended small scale farming operations, and withholds important information regarding water availability, such fraudulent misrepresentation can, depending on the circumstances, mean the end of the agreement or allow B to claim a reduced purchase price…

Pleading Ignorance can be an Excuse – Beware of what You Sign

Author : Millers Attorneys Pleading Ignorance can be an Excuse (It Seems) Although a person is normally considered to be bound by that which he signs (under the common law rule of caveat subscriptor – “beware of what you sign”) – which includes...

Plumbing Certificate

PLUMBING CERTIFICATE: A REQUIREMENT FOR PROPERTY TRANSFERS IN THE CITY OF CAPE TOWN: The City of Cape Town recently passed a by-law in terms of which it is required that a plumbing certificate issued by an accredited plumber is emailed to Council prior to registration of transfer.

POPI AND PRIVACY PROTECTION – 3 July 2020

What POPI is about. Personal information being gathered and what it is used for and how and when it is discarded after it has been used, and ensuring it was used for a legitimate purpose. (Personal information in this context is specifically what is referred as “identifiable” information, in other words a telephone number with a name, an ID number with a name/address.)…

POPI IS FOR BIG BUSINESSES TO WORRY ABOUT – 3 November 2020

Consulting with business owners who, when considering their compliance responsibilities, react thereto in love-hate terms. On the one hand, there is a positive response where compliance is constructively applied to the business’ own day-to-day running procedures and management. On the other hand, it appears less rosy where it is presented as a must-do red tape exercise, with a threat of financially damaging penalties for non-compliance imposed by government…

POPI SHORTLY IN OPERATION – 22 June 2020

President Cyril Ramaphosa today announced the commencement dates for most of the remaining parts of the Protection of Personal Information Act. The Act has been put into operation incrementally, with a number of sections having been implemented in April 2014 already. Most of the remaining provisions could only be put into operation at a later stage as they require a state of operational readiness for the Information Regulator to assume its powers, functions and duties in terms of the Act…

PoPIA information officer clarity for community schemes – 28 July 2021

The implementation of the Protection of Personal Information Act (PoPIA) has posed numerous challenges for community housing schemes like sectional title complexes, apartment blocks, residential estates and retirement villages. Issues around the appointment of an information officer, in particular, raised serious concerns, which have now been clarified and resolved by the Community Schemes Ombud Service (CSOS)…

Possible confusion regarding Provisional Tax penalties explained

Author : Piet Nel, SAICA’s Project Director. Possible confusion regarding Provisional Tax penalties explained: The South African Institute of Chartered Accountants (SAICA) has observed that there is some confusion in the market place regarding the penalties…

PRE-EMPTIVE RIGHTS: ‘IN WRITING’ NO LONGER A REQUIREMENT? – 24 July 2017

It has for long been a rule of our law that pre-emptive rights relating to the sale of immovable property must be in writing in order to be valid and binding. In finding in this matter that the granting of a pre-emptive right is not an ‘alienation’ and therefore needs not comply with the “in writing and signed” requirements of the Alienation of Land Act, new considerations sprout…

Predictable outcome as interest rate holds steady – 25 March 2021

The Monetary Policy Committee (MPC) has again announced that interest rates will remain stable, keeping the repo rate at 3.5% and the prime lending rate at 7%. This was a predictable outcome and, unless things take an unexcepted turn, interest rates are likely to remain steady for the remainder of the year…

PREMISES LEASED FOR PURPOSES OUTSIDE ZONING ALLOWANCE: IS THE AGREEMENT VOID? – 21 April 2022

Swart v Bergh N.O and Others (A79/2020) [2022] ZAFSHC 64 (25 March 2022)
In this judgment, the landlord was precluded from claiming arrear rental and municipal costs from the tenant based on the lease agreement. However, as the court was at pains to point out, it is not in all instances that invalidity follows when conduct contravenes a law and will depend on the provisions involved:…

Prepare for Impact! – 18 May 2021

Hearing what is happening with the US economy post the pandemic, leaves us feeling a little less than comfortable. It is often said that when the United States sneezes, the rest of the world catches a cold. Best you start stocking up on tissues…

PREVENTION OF ORGANISED CRIME ACT NO. 121 OF 1998 [POCA]

To introduce measures to combat organised crime, money laundering and criminal gang activities; to prohibit certain activities relating to racketeering activities; to provide for the prohibition of money laundering and for an obligation to report certain information….

PRIVATE POWER PLANTS ARE NOW POSSIBLE FOR ESTATES AND COMPLEXES – 26 August 2021

Homeowners in community housing schemes such as sectional title complexes and gated estates can celebrate the newly gazetted change to the Electricity Generation Act regulations which now allows private individuals and businesses to generate up to 100MW of electricity for their own use without having to obtain a license from the National Electricity Regulator…

Property and conveyancing – 3 March 2022

Conveyancing is not only a complicated process, but a time consuming one as well. Particularly in transactions related to the subdivision or consolidation of properties, the registration of servitudes or transfers of both divorce or deceased estates…

Property investment – to sell or not to sell – 5 August 2020

Every investor will at some point be confronted with making a decision on whether or not to sell a long-term asset such as a property. This can sometimes be a challenging decision for an investor, more so for a novice investor, amid tough economic times…

Property is a tangible asset you can count on – 19 July 2021

Investing in property is usually done to earn a return through rental. One may even want to sell the property in the future, receiving a significant return, considering that land and buildings do not depreciate in the same way that other assets do…

Property Law Update | Transfer and Bond Void: Chilling Thoughts – 2July 2021

K2013046547/07 (South Africa) (Pty) Ltd and Others v Hyde Construction CC and Another (513/2020) [2021] ZASCA 82 (17 June 2021)

To protect creditors, our law has very strict rules for such instances and, in a property trader context, may result in a declaration that a property sale and resulting registration of transfer and new bond, be declared void…

Property may not notice short-term impact of recent repo rate cut – 22 May 2020

The recent repo rate cut of 50 basis points brings the cumulative repo rate reduction in the current rate cutting cycle to 3 percentage points. Meaningful property demand boost emanating from interest rate cutting specifically is not expected, but it is still believed to be an important source of support for the property market.

Property Ownership Options

Author : Homeloans SA When you want to buy property in South Africa, such as a free standing house, a unit in a complex or a flat, you have various options available to you with reference to the type of ownership. The most common form of ownership is freehold but we also have sectional title, share block and leasehold as forms of ownership available

Property Practitioners Act | Instalment 01 – 26 January 2022

Get the new property condition report ready and branded before signing a mandate.
This is #1 in a short series of 10 instalments – by STBB – on the most important requirements that you must implement to be ready and compliant with the Property Practitioners Act on 1 February 2022…

Property Practitioners Act: Obligations on property practitioners -19 July 2021

What has happened to the Property Practitioners Act, No 22 of 2019 (PPA)?
The President has signed the Act into law, however, the date of commencement of the Act is still to be determined. The Act will repeal the Estate Agency Affairs Act, No 112 of 1976 (“EAA Act”) in its entirety. Draft regulations were published for public comment in March 2020. However, as things stand, there is no firm indication as to when the PPA will come into force…

Property Practitioners Bill – 22 of 2019 – October 2019

The Property Practitioners Act of 2019 signed into law by President Cyril Ramaphosa. The Act, signed on Wednesday, October 4, repeals the 43-year-old Estate Agency Affairs Act of 19, and is aimed at improving the functioning of the property market, which includes regulating the buying, selling and renting of land and buildings.

Property Rates Bill

Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS PROPERTY RATES BILL: The Local Government Municipal Property Rates Bill came into effect on the 1st of July 2004 and has caused much debate in South Africa. In this article is an overview of important sections which will ultimately affect the rates and taxes that will be paid by each property owner in South Africa.

PROPERTY RATES INCREASE: YOU CAN OBJECT – 12 August 2020

The City of Cape Town updates the general valuation roll every three years to assess and adjust as necessary the current worth of immovable property within its jurisdiction. If the value of an immovable property is adjusted upwards, it may result in an increased rates liability for the property owner…

Pros and cons of a fixed rate

Author : Adrian Goslett, CEO of Re/Max of Southern Africa Pros and cons of a fixed rate: 04 November 2013 With the prime interest rate at a low that was last seen in the market more than 30 years before, many homeowners contemplated fixing the rate on their bond

Pros and cons of buying a house for cash – 14 September 2021

Even if you have enough cash in the bank to be able to buy your next home outright, you should probably think twice before you do. Using a home loan to finance the purchase is often a better way to go, especially if buyers apply through a reputable mortgage originator that will make sure they are offered the best possible interest rate…

Protection of Personal Information Act, 2013 [POPI]

In simple terms, the purpose of the PoPI Act is to ensure that all South African institutions conduct themselves in a responsible manner when collecting, processing, storing and sharing another entity’s personal information by holding them accountable should they abuse or compromise your personal information in any way.

Protections Disclosure Act 2000

PROTECTIONS DISCLOSURE ACT 2000 Act No 26, 2000 Protected Disclosure Act ACT To make provision for procedures in terms of which employees in both the private and the public sector may disclose information regarding unlawful or irregular conduct by their employers or...