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Legal Articles

Cor van Deventer's Articles

When can a seller not rely on the voetstoots clause?

Buyers are clearly at risk when purchasing a property under the voetstoots clause

Seek help with contracts of sale of immovable property

When a contract is subject to a suspensive condition then this contract only comes into effect once the condition has been met. 

Can I purchase a property if my tax is not up-to-date?

When purchasing a property in South Africa it is important to make sure that your tax is up-to-date.

Delay in Transfer - Buyer forced to pay interest to seller

All too often people try to argue slight technicalities in the law in hopes of trying to capitalise at the expense of another party.

Court ruled that suspensive condition was unfulfilled

Murphy and another v Durie 2006 JOL 18301 (C): The main question was whether or not the suspensive condition relating to the bond had been fulfilled. 

Court approves rectification of property sale agreement

Rectification serves as a remedy for parties whose written agreement does not reflect their common intention at the time the agreement was concluded. 

The various changes to community schemes

The CSOSA brought into effect a new process for resolving community disputes. For those who have worked in any community will know how easily they arise, and how bitter they can be. 

The laws regarding the validity of foreign marriages

The Matrimonial Property Act, 88 of 1984, does not apply to foreign marriages concluded in South Africa.

Loan granted for less than required amount - What now?

What happens when the purchaser is granted a loan for less than the amount required in terms of the sale agreement?

Amendments to a bond clause - Critical considerations

Due to the passing of the National Credit Act, the amendments to a bond clause have become a hot topic of discussion.


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