Home / Legal (Page 4)

Questions around transfer duty in the case of a divorce order awarding a spouse sole ownership of a fixed property is one that our

Questions relating to the most efficient way of lodging a complaint against an estate agent, and the time line that is followed by the

No seller or agent wants to be in the situation where there is a dispute about who is entitled to commission. As seen previously, determining

Determining the effective cause of a sale of immovable property where more than one agent is involved can be notoriously difficult. There is, however,

Buyers cannot simply change their mind after signing an offer to purchase, due to this document being a legally binding contract. Debbie Justus-Ferns, manager of Renprop

Q I own a sectional title which is currently managed by a prominent real estate company in Richards Bay. They have managed my property for

Imagine coming home to a white envelope slipped under your door with the signature of your managing agent and your name just below it.

Q Hi, what is the difference between non-fulfilment of suspensive conditions versus non-fulfilment of a normal contractual term? - Tim A Hi Tim, suspensive conditions are often

A data breach seems to be reported at least once a month, most recently at financial services company and life fund, Liberty, as well

A Certificate of Compliance (COC) is a document that verifies that the electrical installations such as the plugs, lights, DB-board, geyser and wiring in

Q Good day, I signed an offer to purchase on my house. Can I cancel it even though no money was received? What are my

Q Hi, I have a bond on my existing house which is in my and my ex fiancé’s names. We separated about two years ago

It is a common practice for developers to insert a reversionary right in a title deed, stipulating that on the happening of a prescribed

Q Hi, I live in a shareblock property in Overport, Durban. At that time the chairman had erected two rocks outside the entrance to the

Q1 Hi, I need some advice please. My father and mother are joint owners on my bond, but they never contributed and were only added

Q1 Hi, I am a new property owner and I recently purchased an apartment in Glenwood, Durban. The property was occupied by a tenant at

On 28 February 2018, the City of Johannesburg Metropolitan Municipality (COJ) published the draft policy, Inclusionary Housing: Incentives, Regulations and Mechanisms (Draft Policy), for

Q I have a quick question and I hope I could get the information before we decide what to do next. We have been renting a

HomeTimes has launched another first: Facebook Live legal and sectional title advice, in collaboration with SSLR Inc. Using the power of our reach on Facebook,

Q Hi, hope this e-mail finds you well. I am in a traditional marriage with a joint bond and we are in the process of separating,

John and Rachel were ecstatic when the bond on the R6m home they wanted to buy was approved. They’d been looking forward to this

When an offer to purchase a property is signed by both buyer and seller, this constitutes a binding agreement or “Deed of Sale” between

Those who are fans of agreements that have transparency, visibility, simplicity and clarity, should take note of the new global trend towards so-called “Comic

It is an accepted norm that it is the seller’s right to appoint the conveyancer to oversee the transfer of the property. If the

The rental housing market is a competitive playing field, even more so in sought-after areas; when the right property at a reasonable price comes

Q Hi, we recently dealt with an estate agent that has stolen our deposit and we are struggling to get this amount back from him. I

Holiday letting in apartment blocks is not permitted in Cape Town in terms of the city’s Municipal Planning By-law (MPBL) together with its policies

Q Hi, I got a joint bond with my nephew back in 2008. I am the one repaying the bond debt, but he helped me

Would you rather have a root canal treatment? Abstain from sex for a month? Or draw up or update a will? According to an

The Consumer Protection Act 68 of 2008 (CPA) changed the way in which rental agents do business. Agents now not only have to ensure

Q Hi, I tasked an agent with finding me a suitable home to buy in a security estate in Pretoria. The agent did her job

"Dear tenant, We write in our capacity as the legal representatives of Mr Lee van der Westhuizen. In terms of your lease agreement, you were

Jack owns an apartment in Jo’burg that he is renting out. Sean signed a 24 month lease in a brand new development. At the time

Q In 2008 I applied for a bond and did not qualify. I then approached my brother to assist me by applying for a joint

Common law marriages are not recognised in South African law. The amount of time a couple has been living together does not translate into

Step 1: Rope in a group of likeminded associates Step 2: Hire a friend to get the services turned off illegally Step 3: Leave to boil

Q Hi, I am a property owner with a problem of an informal settlement of 36 dwellings on the land. I have engaged the dwellers

Q Hi, I bought a house and had to move in three days after the date agreed to in the sale documents. Now I'm being

In evictions, it is the municipality’s obligation to seek and provide alternative accommodation to tenants left homeless and destitute. This is according to the Prevention

A court case in the Western Cape, which deals with the most provocative section of the Consumer Protection Act (CPA) - Section 14 -

Q Hi, do the same regulations apply to short-term/Airbnb letting as to long-term leases? Does short-term require specialised regulations? - Pamela A Hi Pamela, it should be

Q Hi, I recently bought a house. The house had additions in 1985 and there are no plans available. The owner says the plans were

In the case of Argent Industrial Investment (Pty) Ltd v Ekurhuleni Metropolitan Municipality the seller had received and paid his utility bills for five and a

Q Hi, is a residential landlord ever legally allowed to charge VAT on rent? - Simon A Hi Simon, no. A landlord may not charge VAT in

Q My tenant has alerted me to the fact that the body corporate where she resides switched off the electricity to her specific block in the

Q Regarding FICA, we have a landlord living overseas. Do they have to give proof of their address in SA? Or where they live? Also,

Q If a tenant will not sign an exit inspection, disputing, for example, damages to a built-in cupboard, can the tenant then demand that the full

Yesterday’s judgement in a case where Ekurhuleni municipality failed for approximately 5.5 years to take actual readings of a water meter, billing on estimated

Q My partner and I are in a process of buying a flat in Pretoria using our company name. The seller has given early occupancy

Q I have a situation where a landlord – who has several properties that I rent out on her behalf - wants me to draw

Q It is not always physically possible to inspect a property before tenants move in and sometimes they have just moved in when the inspection

Q We have added a feature to our leases for tenants and owners to read through and accept the terms and conditions. To eliminate the tedious

Q Can a managing agent and body corporate decline a Labrador guide dog for a blind child in a complex whereby pets are permitted but

Q Where do we stand with regards to an outgoing inspection where the lawn/garden has now died and the tenant can turn around and say

When it comes to signatures to a lease agreement, more is always better. The more people that are signatories to an agreement, the more

Q Hi, my body corporate and trustees want me as chairman. We have a large complex of 37 units let to tenants and occupied by

Residents can no longer appeal decisions taken by their local municipality by taking their grievances to their provincial authority. This is now the case

A land claim that affects hundreds of individuals and companies in the South of Johannesburg and Ekurhuleni, lodged in 1995 by the Bakwena Ba

Q I read your articles on the Community Schemes Ombud Service (CSOS) and the new Sectional Title Schemes Management acts. What I can’t get clarity on

Q Is it normal when selling a house for the transfer attorneys to demand an advance payment of R8,400 for the municipality account? The accounts are

You may not be held liable for the debt of your home’s previous owner – or for three decades of municipal debt linked to

The Supreme Court of Appeal recently handed down judgment in a matter concerning the eviction of a farmworker and his family under the Extension

Is there a building, structure or tree in your scheme that is obstructing your view of Table Mountain, the ocean, or the banks of

Can neighbours object to and prevent the approval of building plans? It is important to understand that often an application for the approval of

Q What does the law say with regards to late payment penalty fees and, should the tenant pay this, what portion is due to the

Is the municipality entitled to disconnect the supply of services (electricity or water) to a property or to refuse to connect or restore that

If you are selling your home with a dual or open mandate you may be liable to pay double agents' commission once your home

Lease agreements are usually entered into for a fixed period of time, such as for 12 months, and during this time it could very

What I perceive as several disturbing gaps in the Small Claims Court (SCC) requirements and procedures weigh against the fair dispensation of justice for

How do I register my borehole? How do I get permission to drill a borehole? These are common questions that come up from both

The installation of a cellphone mast on the common property within a sectional title complex will benefit not only the members of the scheme,

Buyers who are interested in purchasing in a proclaimed Heritage suburb need to know what they may and may not alter or renovate. They

HomeTimes received a lot of questions related to our story on a precedent-setting case in which it was determined that the onus of responsibility

What does the law say when dealing with the onus, or burden of proof, on parties when approaching a court for relief on a

Q What happens when the deeds office has lost your deed? How do you prove the house you've sold is actually yours? Is there a

Q Family of mine signed a contract for a house they were supposed to be renting. On the contract it is stipulated rent and deposit

We received a reader's question on a different slant to the story we did on Huur Gaat Voor Koop. Sonja du Toit, director at MC

In light of the City of Johannesburg Metropolitan Municipality’s decision to unilaterally assess accounts and write off prescribed charges in relation to those accounts,

Q I am supposed to move into a place this weekend. The landlord is dealing directly through a friend lawyer who sent me the contract

Boundary walls and fences designate the dividing line where one property ends and another begins, and further designates the responsibility relating to these properties. Without

Whether you are presented with the diamond of your dreams or are simply given a lucky packet plastic ring, if you are asked that

Electricity has become an integral part of daily life and it cannot be disputed that it has made daily living a little more efficient.

The lengthy process of collecting outstanding levies impacts the financial situation of a body corporate over a very long time. Everything possible should be

The status of Muslim Marriages in South Africa has, since 1990, been the subject of ongoing investigation and discussion by the South African Law

The Consumer Protection Act (CPA) does not negate or override the voetstoots clause that still appears in most property sale agreements, according to Bill

The laws that govern marriage and matrimonial property (belongings of the spouses that form part of the marriage) are numerous and complex. That being

The Recognition of Customary Marriages Act (“RCMA”) became law on 15 November 2000. If you were in an existing customary marriage before this date,

Many people think that a municipality is not entitled to disconnect one service if that service is fully paid up (but where another service

  Agents should ask certain questions when determining firstly what country’s matrimonial legislation will be applicable to the marriage and, secondly, what the effect will

So, you’ve been thinking about getting a foot on the property ladder, but your salary doesn’t quite cover the kind of bond you’d been

  Property owners and tenants may be liable for historical debt on their homes for up to 30 years in the past, due to a

During extreme weather cycles - such as record-breaking heat waves, hail and flash floods - physical damage to a property can be unavoidable. Managing

A trust can be a very cost efficient estate planning tool and may provide protection from creditors in the case of insolvency as well

With the increasing demand for sectional title units (according to a recent FNB Property Barometer report) comes the need, too, for pet-friendly sectional title

Does the landlord need to advise the tenant that the lease agreement is coming to an end? According to Willem le Roux of Le Roux

Landlords, what are your rights when an unlawful occupier refuses to move out of your property? Willem le Roux, MD of Le Roux Attorneys

The weasel clause that was taken out of an earlier version of the Promotion of Investment Bill of 2015 (the Investment Bill) has effectively

Who else, besides Eskom, can turn off the lights? Up until this point, the only approach to collecting arrear levies and utilities in sectional title

The Consumer Protection Act (CPA) grants many rights to consumers - South African consumers now among the most protected consumers on a global level. As

Just to set the record straight. There is nothing in the Rental Housing Act or the Consumer Protection Act which obliges you, as a

The Expropriation Bill of 2015, released by the Department of Public Works earlier in the year, is now before the National Assembly. The minister,

What rights does a landlord have when cancelling a lease, even if the tenant has not been in breach? Rental property law expert and director

Marina Constas, director BBM Inc Attorneys, discusses why the tenant in a sectional title scheme will very soon have rights, a voice and be

Rental property law expert and director at Marlon Shevelew and Associates Inc, discusses voetstoots clauses in lease agreements. Over the last century the common law

Nearly one in four South African couples is co-habiting. But those buying a home together could be setting themselves up for potential hardship. What

Lobola is contributing to a drop in the number of marriages per year in South Africa, causing the number of co-habiting couples to rise. Civil