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From monthly archives: February 2018

We are pleased to present below all posts archived in 'February 2018'. If you still can't find what you are looking for, try using the search box.

A potential problem that arises with the Homeowners Association

In a sectional title scheme, the question arises of what happens when there is no mention in the title deed or purchase agreement of the presence of a Homeowners Association.

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Know your rights when living in a sectional title scheme

It is important to remember that the body corporate are just a group of people who have the responsibility of ensuring the scheme is run correctly and efficiently. 

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Is the 'rouwkoop clause' still enforceable?

When a rouwkoop clause occurs in a sale agreement of an immovable property, a deposit is paid to the seller which would be forfeited in the event of the buyer withdrawing from the sale agreement. 

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Delays that could arise in the property transfer process

Many people wishing to sell or purchase a property may be ignorant of the various steps that are involved in a property transaction.

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A question regarding the appointment of the conveyancing attorney

Why is the seller entitled to appoint the conveyancing attorney when the buyer is responsible for paying him or her?

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Court ruling against estates with regards to public road usage

In a court ruling in the Pietermaritzburg High Court, an issue was presented when the daughter of Mr Singh, a Mount Edgecombe resident, was fined for speeding on the estate. 

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Risks, benefits and occupation when purchasing a property

It is important that a prospective property buyer understands the various terms of an offer to purchase before completing, signing and submitting one.

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Can you cancel a sales agreement whenever you want?

A person who enters into a sale needs to be aware of the legal implications that could arise if they decide to pull out of the property purchase which would be a breach of the sale contract. 

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Marriage compared to Life Partnership Agreements

It is widely, and mistakenly, believed that couples, whether heterosexual or same-sex , living together for a long period of time results in a common law marriage, thus giving each spouse the equal protection of the law.

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How the Consumer Protection Act could affect estate agents

Estate agents are suppliers of goods and services to sellers and buyers of immovable property and so they fall into the defined criteria of a supplier as highlighted in the Consumer Protection Act.

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