Legal Articles

The deed of transfer South Africa has several aspects to it which must be known by any person who wishes to sell or purchase property.

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The Deeds Registries Act serves to regulate the functions and laws related to title deed transfer as well as the successful registration of title deeds in South Africa.

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The Consumer Protection Act aims to promote fair, open and ethical business practice. It addresses all aspects necessary to protect the consumer from business transactions that take place. It applies to all industries and business to consumer trades, including real estate.

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The Consumer Protection Act Number 68 of 2008, dictates every transaction as defined by the act between a consumer and supplier who promotes and sells services or goods to generate an income in South Africa.

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Previously, there was a court case which made rulings related to the payment of commission to unregistered estate agents who concluded a sale of property on behalf of the estate agency.

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The Consumer Protection Act (CPA) became effective on the 1^st of April 2011 and made provisions for the requirements that should be met in an estate agent mandate agreement.

Overall, the CPA serves to promote fair, transparent and ethical business practice so as to protect the consumer from unlawful conduct.

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There has been a lot of speculation as to whether unapproved building plans for a carport or outbuilding would constitute a latent building defect.

Additionally, there have been questions raised regarding whether or not the voetstoots clause protects the seller against physical defects only.

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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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