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Foreigners wishing to buy properties in South Africa are finding it difficult to obtain residency permits and home loans, even though they may have high level qualifications and skills that would make them an asset to the country.
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With all the potential risk that a property buyer could face, it is no wonder why people are strongly warned against dealing with an estate agent who isn’t EAAB registered.
Non-refundable deposits in an offer to purchase properties are fairly common.
An offer to purchase may also contain breach clauses that allow the seller to cancel that agreement and retain all amounts paid on account of the purchase price as liquidated damages.
The question arose as to whether or not the sale agreement was valid by the early fulfillment of the suspensive condition contained in the clause of the offer to purchase.
By educating themselves, purchasers can make sure that they are not short on money by having all the costs calculated.
There are many reasons why a trust deed may need to be amended. However doing so is not a simple or straight forward process.
The Offer to Purchase needs to contain all the terms the the parties agree to, such as date of occupation, occupational rent, fixtures and fittings and other conditions of sale.
Regarding the first question raised, when a suspensive condition with limited time is included in a contract, the time limit is usually intended to be for the benefit of the seller, while a condition requiring a loan to be obtained is usually for the benefit of the purchaser.
In a much anticipated Constitutional Court Judgment it was been ruled that new property owners are longer expected to take responsibility for settling municipal debt incurred by previous owners of the acquired property.
Are you a property owner wanting to let your flat out for short term rentals?
Before doing so you will need to familiarise yourself with the Municipal Planning By-laws and, if applicable, with the rules of the body corporate.
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