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Legal Articles

Cor van Deventer's Articles

Is an estate agent’s sole mandate agreement binding in South Africa?

A sole mandate is a contract between an estate agent and seller where the seller agrees to appoint the specific estate agent to sell his property.

How do I get rid of my timeshare?

Regardless of the notable benefits timeshare offers its owners, there are some downfalls which may leave some people wondering how to get rid of timeshare in South Africa.

In some cases, people who have signed up to timeshare instantly feel that they have entered into a commitment they might not be ready for.

How to get full custody over my child

Child custody laws in South Africa are governed by the Children’s Act which also defines parental rights and responsibilities.

Parents have a fundamental responsibility to be actively involved in their child’s lives. However, in some cases the parents are unable to find mutual grounds regarding their child’s best interests.

Management of a Sectional Title Scheme by an Executive Managing Agent

An executive managing agent (EMA) is any person who provides a body corporate with management services and thereby receives monetary or other compensation. 

Building Penalties and Homeowner’s Associations

Before buying an erf or plot as part of a homeowner’s association (HOA), it is extremely important for the buyer to read and completely understand all of the provisions, including building penalties which are laid out by the HOA’s governance documentation.

Members of a homeowner’s association are required to comply with “commencement of construction” and “completion of construction” dates.

Body Corporate Funds

Two types of body corporate funds are available according to the Sectional Title Schemes Management Act (STSMA) 8 of 2011 and the Prescribed Management Rules (PMR). These funds are referred to as the administrative and reserve funds and each have a separate purpose.

Unlocking co-ownership of a property

Agreements which stipulate that co-owned property will be jointly owned forever are no longer valid. Any one of the co-owners of a property cannot be denied their right to sell the property whenever they so choose.

Cancelling an Offer to Purchase

Both the purchaser and the seller sign the agreement once the offer has been accepted. Once both parties have signed the OTP, it becomes a legally binding contract. This requires both parties to fulfil their individual responsibilities as specified in the agreement.

US citizens getting married in South Africa - What you need to know

When marrying a foreigner in South Africa, there are various legal requirements which must be met in order for the marriage to take place.

South Africans getting married in another country

If you are a South African citizen who is getting married in another country, it’s important that you understand all the legalities involved in this scenario.


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