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Property Law

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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Does the Consumer Protection Act apply to Estate Agents?

The Consumer Protection Act 68 OF 2008 (CPA) came into effect in 2011 with an aim of ensuring fair, competitive and responsible markets that protect South African consumers as well as to promote ethical business practices. It makes a distinction between suppliers of goods and services on one hand, as well as consumers on the other. This article seeks to implore to what extent the CPA is applicable to Estate Agents.

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Rights of Tenants and Landlords under the Consumer Protection Act

The Consumer Protection Act 68 of 2008 (CPA) came into effect in 2011, and of particular interest to the brief discussion in this article it came with changes with regards to rental agreements. These changes include rights and obligations pertaining to early cancellation as well as the maximum period for a lease period.

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Both sides of the coin need to know this – Offer To Purchase

At Van Deventer and Van Deventer Attorneys, we can never overemphasise the importance of consulting with an attorney whenever property sale transactions are concluded. This is because the legal consequences of property transactions are serious and financially substantial. In this article we will discuss things that buyers and sellers in property sale transactions need to be aware and take note of so as to ensure their interests are secure during and after the transaction.

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Lease Cancellation Without Complication – This is How

Most contracts have provisions to cater for cancellation of the contract by the incidence of an event before the lapse of the natural term of the agreement. This is done to make provision for unforeseen future circumstances which may require that the obligations under a contract come to an end before their natural lapse.

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Space and Place of Arbitration in Community Scheme Disputes

As part of its dispute resolution procedure the CSOS attempts to resolve disputes firstly through Conciliation (formal or informal) and where the dispute remains unresolved, Adjudication follows. However, there are instances where Management Rules in sectional title schemes or the Memorandum of Incorporation in Share Block Schemes provide for arbitration as a process for dispute resolution.

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Restrictions on Subdivision of Agricultural Land & What You can do About it

It might be a farmer intending to subdivide his agricultural farm to bequeath to his children, sell a portion to a third party, or even subdivide to lease over a long period. Unlike residential properties, subdivision of agricultural land is a strictly regulated area owing to the impact it might have on food security and agriculture in general.

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Permission Avoids Demolition – Local Authority Approval of Plans

What is the position with regards to renovations on a building? The default position is that the National Building Regulations in South Africa require that plans for any building or structural changes must be approved first before they are erected.

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Dissatisfied with the CSOS Order? Here is What You Can Do

It is commonplace that disputes arise in community living schemes owing to various reasons and therefore provisions must be in place to regulate dispute resolution processes between the parties involved. In the event that one party is not satisfied with the outcome of the adjudication process, this article will look at the process as to which such party may follow on appeal in pursuit of a favourable outcome.

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