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From category archives: Legal Articles

Conveyancing

Levy & Utility Arrears - A Word for Body Corporate Trustees

The Trustees of a Body Corporate are entitled to launch legal action where the unit owner is not honouring their obligations towards utility accounts and levies. Incidentally, the entitlement flows from section 4 (1) of the Sectional Titles Schemes Management Act 8 of 2011, and Prescribed Management Rule 25.

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A Guide to Building Plan Approval in South Africa

Each municipality in South Africa has specific regulations and procedures for building plan approval. It's essential for the success of your project that these local requirements are thoroughly understood and adhered to.

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Cut Off From the Grid - Can a Landlord Cut Off Electricity in South Africa?

Prepaid utility installations are preferred by more landlords because they prevent situations where there are outstanding arrears on the utility account of the property, whilst the advantage to the tenant is that they pay as they use and offers an opportunity to be in control of their consumption.

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Judge Orders Seller to Pay Homeowner R400K for Concealing Defects

Molatelo Maloka, who purchased a home that turned out to have a number of defects. Despite the initial excitement of owning her dream home, Molatelo soon realized that the house was in a state of disrepair, including issues such as damp, a strong smell, and paint that was bubbling and cracking.

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Estate Agent Commission – Conflicting Claims

In order for an estate agent to be entitled to commission, they must have been the effective cause of the transaction. This means that they must have played a direct and significant role in bringing the buyer or tenant and the seller or landlord together and in facilitating the successful completion of the transaction.

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Stipulatio Alteri – Claiming for Agent Commission

A stipulatio alteri is a legal term that refers to a provision or clause in a contract that states that one party will receive a benefit or commission, regardless of whether or not they were the cause or reason for the contract being fulfilled. 

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Transferring a Deceased Estate in South Africa

Throughout a person's life, they will accumulate a variety of assets and obligations. These assets can range from tangible items such as property, vehicles, and furniture to liquid assets like cash. On the other hand, liabilities may include home loans, personal loans, and retail accounts.

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How to Avoid Delays in the Transfer of Property

Property transfer delays can be extremely frustrating for everyone involved and, what’s worse, is that often delays can cause unexpected costs from arising – costs that nobody prepared for.

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Reasons for Delay in Property Transfers in South Africa – Part II

There are a number of different role players when it comes to transferring property from one person to another. These include local municipalities, SARS, and body corporates to name a few. When attorneys to do not receive full cooperation from external role players, significant delays can be expected.

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Reasons for Delay in Property Transfers in South Africa – Part I

Due to the number of legalities involved with buying and selling property in South Africa, the process of transferring property from one owner to another can be extremely lengthy. Buyers and sellers often become frustrated with delays because they are not aware of how intricate the process is.

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