Legal Articles

The Property Practitioner’s Act - Important Information

The Property Practitioner’s Act is a brand-new piece of legislation that serves to replace the previous Estate Agency Affairs Act. This new Act sets out to regulate all affairs related to property practitioners in South Africa, as well as to provide for transformation in the property sector and to further support consumer protection.

Training for Real Estate Agents in Johannesburg and South Africa

Calling on all real estate agents in Johannesburg and Cape Town to take part in important training and workshops related to the real estate industry. Providing training for property practitioners in South Africa is one of the cornerstones of our law firm and we are quickly filling up our calendar with workshops relevant to property professionals.

The Consumer Protection Act and Estate Agent Mandates

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.

Administration and Reserve Funds for Body Corporate

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.

Keeping Pets in a Sectional Title – Can a Body Corporate Remove a Pet?

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.

Certificate of Compliance for Home Sellers in South Africa

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.

Effective cause is not enough for estate agent commission

Estate agent commission depends largely on the recording, clearly in writing and without leaving room for doubt, the exact circumstances in which the seller must pay the real estate agent his or her commission.

Management of a Sectional Title Scheme by an Executive Managing Agent

An executive managing agent (EMA) is any person who provides a body corporate with management services and thereby receives monetary or other compensation. 

Building Penalties and Homeowner’s Associations

Before buying an erf or plot as part of a homeowner’s association (HOA), it is extremely important for the buyer to read and completely understand all of the provisions, including building penalties which are laid out by the HOA’s governance documentation.

Members of a homeowner’s association are required to comply with “commencement of construction” and “completion of construction” dates.

Amendments to Conduct Rules in Sectional Title Schemes

Annexure 2 of the regulations to the Sectional Titles Schemes Management Act (STSMA) 8 of 2011 provides 8 prescribed conduct rules (PCR) which apply to all sectional title schemes. However, due to the unique nature of each individual scheme, these rules may be subject to amendment.