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Property Law
Buying an immovable property is a feeling like no other. Some say it is an overwhelming feeling of serenity, joy, status and security.
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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.
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.
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.
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.
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.
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.
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.
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.
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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