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HOLDING YOURSELF OUT AS AN ESTATE AGENT AND THE DEFINITION OF ESTATE AGENT UNDER THE ESTATE AGENCY AFFAIRS ACT (“EAAA”)

Posted on: June 14th, 2019 by Candice Robberts

“Estate Agent” is defined under the EAAA as “any person who for the acquisition of gain on his own account or in partnership, in any manner holds himself out as a person who, or directly or indirectly advertises that he, on the instructions of or on behalf of any other person (i) sells or purchases […]

Sectional Title Complexes and Generators

Posted on: June 7th, 2019 by Junel Hickman

Despite elections being over and the promises from Eskom, many people are still installing generators to keep the lights on. Freehold property owners can do so at will, but what are your rights as an owner in a sectional title scheme? In terms of annexure 9 of the Sectional Titles Act (the Act), an owner […]

Changing from a marriage in community of property, and vice versa

Posted on: May 24th, 2019 by Sarah Nordien

In practice we often come across couples who think they are married out of community of property but upon a closer look and unbeknownst to them, they are in fact married in community of property! This causes great concern for them, as it may bring about unanticipated (and unwanted) consequences to transactions already entered into. […]

First Time Off-Plan Buyer? Beware of Occupational Rental

Posted on: May 10th, 2019 by Zenariah Martin

Picture this: you are a first time property buyer, buying off-plan from a Developer – a brand new home in a secured estate and you are legally exempt from paying transfer duty. You have been saving up for this for months, maybe even years. All costs fit perfectly into your budget – the deposit, bond […]

Are Video Wills Legal in South Africa?

Posted on: April 12th, 2019 by Lindsey Thorpe

Are Video Wills Legal in South Africa? There is no precedent of the validity of video wills in South Africa. In order for a Will to be valid and accepted by the Master of the High Court in this country, it has to comply with the requirements as set out in section 2 of the […]

Boundary fences on farms

Posted on: January 10th, 2019 by Daniel Els

Boundary fences on farms are regulated in terms of the Fencing Act, Act 31 of 1963. Surprisingly enough, the Act does not impose a general obligation to erect fences on the boundaries of land. Boundary fences are however required to be constructed as a safety precaution in the following circumstances: a. alongside railways (Railways Consolidation […]

FACTORS THAT INFLUENCE THE VALUE OF A PROPERTY

Posted on: December 14th, 2018 by Pamela Makhubela

Different factors and characteristics influence the valuation of a property. The greatest part of the valuation process encompasses the gathering and analysis of information. Some of the information gathered can be seen as “background information” and therefore is not physically visible at the house or dwelling being valued. Background information may include economic data such […]

Attention Employers: The New Tobacco Bill and How it Will Affect Workplace Smoking

Posted on: November 16th, 2018 by Amaal Abrahams

In line with the World Health Organisation’s Framework Convention on Tobacco Control, the South African legislature has drafted the Control of Tobacco Products and Electronic Delivery Systems Bill 2018 (“the Bill”). The Bill seeks to regulate public smoking, smoking in the workplace and the sale and advertising of tobacco and various electronic cigarettes. In the […]

Beetle-free Certificate

Posted on: November 9th, 2018 by Stephan Oosthuizen

In the Western Cape and Kwazulu-Natal regions it is customary to include a clause in the Deed of Sale that the seller will provide the purchaser with a beetle-free certificate. Usually the beetle certificate is required only in respect of two types of borer beetles. These are the notorious hylotropes bajulus and/or oxypleuris nodieri that […]

‘PURPOSE’ IS THE FOUNDATION OF A GOOD VALUATION

Posted on: November 8th, 2018 by Pamela Makhubela

The valuation of immovable property takes center stage in today’s real estate market. Ideally, property owners should at all times be aware of the current value of their property. That being said, many owners believe that it is adequate to formulate their own “informed guess” as to the value of a property, based on their […]

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