Legal Articles

When Dishonesty Bites Back - Selling Property

The Property Practitioners Act 22 of 2019 (the PPA) places an obligation on sellers to disclose to prospective buyers whether or not there are defects on the property before the purchaser buys the property. In fact, a disclosure form is now compulsory where the seller must disclose such information.

Levy & Utility Arrears - A Word for Body Corporate Trustees

The Trustees of a Body Corporate are entitled to launch legal action where the unit owner is not honouring their obligations towards utility accounts and levies. Incidentally, the entitlement flows from section 4 (1) of the Sectional Titles Schemes Management Act 8 of 2011, and Prescribed Management Rule 25.

PHRA-G Approval – A Must-Have for Heritage Sites in South Africa

The South African Heritage Resources Agency (SAHRA) is responsible for overseeing the protection and management of heritage resources at the national level. However, provinces in South Africa also have their own Provincial Heritage Resources Authorities (PHRAs) that play a role in heritage management.

Estate Agent Commission – Conflicting Claims

In order for an estate agent to be entitled to commission, they must have been the effective cause of the transaction. This means that they must have played a direct and significant role in bringing the buyer or tenant and the seller or landlord together and in facilitating the successful completion of the transaction.

Stipulatio Alteri – Claiming for Agent Commission

A stipulatio alteri is a legal term that refers to a provision or clause in a contract that states that one party will receive a benefit or commission, regardless of whether or not they were the cause or reason for the contract being fulfilled. 

Plot and Plan vs Turnkey Sale Agreements in South Africa

Property buyers have several options available to them when purchasing certain developments in South Africa. Traditionally, buyers had the option to purchase either a plot or a plot-and-plan but recently, another option known as a turnkey sale was introduced into the property market.

Property Sale Agreements with Lapsed Suspensive Conditions – Is Reincarnation Even Possible?

In the conclusion of property sale agreements, parties commonly include a condition or more that must be fulfilled in order for the agreement to come into effect. These are known as suspensive conditions at law, being future events upon which the coming into force of the agreement will be dependent upon.

Property Practitioners Act and Fidelity Funds in South Africa

The amended Property Practitioners Act intends to regulate the business and functions of estate agents, estate agencies, property brokers, bond brokers, marketers and providers of bridging finance. These individuals are now referred to as property practitioners.

Capital Gains Tax on Deceased Estates

Assets acquired by a person during his or her life are calculated at market value and disposed of at that value at the date of death.

The difference in value between the market value and the nett costs of the assets is regarded as capital gain (or loss) and must be reflected accordingly in the income tax return of the deceased person.

Owning pets in sectional title schemes in South Africa

The rules regarding owning pets in sectional title schemes are often the cause of most of the disputes that arise within sectional titles.