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Property & Conveyancing
Direct marketing laws affecting real estate are laid out by The Consumer Protection Act (CPA) and specify many aspects of direct marketing and the marketing related activities of estate agents.
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Estate agents’ responsibilities are made clear in the Institute of Estate Agents South Africa Code of Ethics and Conduct and is supported by the Consumer Protection Act.
The absence of approved building plans is considered a latent defect. Where there is a voetstoots contract in place, it means that the buyer of the property accepts the property as it is at the time of sale.
Just as we are liable to pay taxes on income, purchases and other transaction made throughout our lives, there are taxes for deceased estates too.
According to the Sectional Titles Schemes Managements Act 8 of 2011 (STSMA), administrative funds must be established and reserve funds for body corporate must be maintained by the body corporate.
Separate bank accounts must be opened for each fund as they each serve a specific purpose.
Since the Consumer Protection Act 68 of 2008 (CPA) was introduced, there has been a special focus on voetstoots in private sale agreements and general provisions of a voetstoots contract.
The PCR 1 stipulates that no occupant of a sectional title scheme may keep a pet without the written consent of the trustee. Permission to keep a pet in a sectional title scheme must not be unreasonably withheld.
According to the Occupational Health and Safety Act (OHSA), an electrical certificate of compliance for home sellers is required in order for a home to be legally sold.
The Recognition of Customary Marriages Act was brought into question during a legal battle wherein the parties felt that they had been discriminated against for being in Venda customary marriages.
A rates clearance certificate is a certificate which is issued by the relevant local municipality on application by a conveyancer for the transfer of a property.
The purpose of this document is to prove that all the outstanding debt on the property has been paid by the seller.
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