What happens if the parties enter into a sale agreement and subsequent to the conclusion of the agreement, one of the parties passes away? In the event where death of a party occurs and the agreement was concluded prior to the death of either party,
Currently the owner of a property of which the original title deed is lost, only has to sign an affidavit prepared by a conveyancer to apply for a replacement copy thereof.
On 24 February 2019 a new process will come into operation which will make it
The Pretoria deeds office’s year-end function takes place on 30 November, 2018, which means the deeds office will be closed on this day and will affect registrations and occupation dates.
This is according to conveyancing attorneys, MC van der Berg Inc, which explains that this will
Often sellers do not want to cease marketing if the purchaser also has to sell his or her property before they can buy. Others want to continue marketing if it is uncertain whether the purchasers will qualify for a loan.
Many a transaction has met its end
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 the effective cause of the sale can be difficult.
Agents can and should take practical steps to avoid such disputes. Here’s how:
Determining the effective cause of a sale of immovable property where more than one agent is involved can be notoriously difficult. There is, however, case law that sets out the main factors to be kept in mind when determining the effective cause of a sale.
Legislation requires that all geysers comply with certain standards and requirements in order to limit risks and damage. The Institute of Plumbing South Africa (IOPSA) have various regulations e.g. table B of SANS 10254 which deals specifically with the replacement of geysers. In terms of
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 a home comply with the legislated requirements as detailed in the Occupational Health and Safety Act 85 of 1993.
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In the recent case of Tudor Hotel Brasserie and Bar (Pty) Ltd v Hencetrade 15 (Pty) Ltd the court addressed the issue regarding set-off where the tenant argued that vacant occupation of the entire leased premises was not received.
In this case Hencetrade (hereinafter referred to as the
Hi, what effect does the death of a tenant have on a lease agreement?
In terms of the common law, a lease agreement does not automatically terminate upon the death of a party. The executor must make the decision to terminate the lease agreement and the