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Legal Articles

From category archives: Legal Articles

Property & Conveyancing

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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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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Mandatory Disclosure Form Not Being Attached to Sale Agreement

It has always been the responsibility of property professionals to obtain as much information as they can regarding the property’s condition so that they can disclose this information to the buyer. Transparency is key when it comes to buying and selling property.

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Struggling to Get Your Rates Clearance Certificate or Figures?

When you sell a property, you are legally required to obtain a rates clearance certificate from your local municipality. The rates clearance certificate (RCC) certifies that all rates and other municipal charges which include electricity, water, sanitation, and/or refuse are paid in full.

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Plot and Plan vs Turnkey Sale Agreements in South Africa

Property buyers have several options available to them when purchasing certain developments in South Africa. Traditionally, buyers had the option to purchase either a plot or a plot-and-plan but recently, another option known as a turnkey sale was introduced into the property market.

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Supplementary 4 General Valuation Roll – City of Johannesburg

Property owners have the responsibility to check the municipal property valuation ascribed to their property. If the valuation of the property is not in line with the market value or if the categorization is incorrect, property owners must submit their objection before the objection period closes.

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Property Practitioners - Is BEE Compliance Possible At All?

The Property Practitioners Act 22 of 2019 (PPA) came into effect on the 1st of February 2022, thereby repealing the Estate Agency Affairs Act of 1976, which had largely regulated the real estate sector in South Africa. Under the PPA, all parties who deal with property and related matters in their ordinary course of business are all referred to as property practitioners.

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An Important Consideration for Unmarried Couples Needing A Bond

There are a number of reasons why couples may opt to remain unmarried. The reasons are various, from estate planning to career considerations, religious reasons, family relations and even the lure of independence as an individual.

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Cooling Off in the Context of Property Purchase Transactions & The Consumer Protection Act

The Alienation of Land Act provides that for immovable property sale transactions of R250 000 and below, a cooling off period of 5 business days applies. In this period the purchaser may notify the seller and revoke the offer with no consequences.

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Lease Agreements, Consumer Protection Act & Public Liability

Lease agreements are no different either, tenants are in a position to study a lease agreement before signing off and accepting rented properties. Despite having lesser bargaining power, tenants may also negotiate terms of the lease agreement with the landlord before parties eventually settle on what they agree on.

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