Posts by Ann Druce

With many property transactions, what you see, may not always be what you get. It is not uncommon for a purchaser to buy immovable property only to find out that after the sale (usually after registration), there are many defects in the property.   The common law principle of voetstoots is that: if parties to…

Resolutions where a trust, company or CC is selling or buying immovable property are frequently problematic.  Resolutions by a CC or company authorising the sale or purchase of immovable property should preferably be signed prior to signature of an agreement but if that is not possible, it is not fatal as the Company’s Act permits…

We fully appreciate that buying a property and the related steps of borrowing the purchase price from a bank and registering a mortgage bond can be intimidating. Having been nominated by the bank to register your bond, this newsletter serves to explain (in layman’s terms) our involvement in this process.   STEP 1: We receive instructions from the…

Property Practitioners Act Disclosure Forms Mandatory Disclosure Form In terms of the Property Practitioners Act, 2019, every estate agent must obtain a property disclosure form from the seller/lessor before accepting a mandate to sell or lease a property. Download your copy of the Mandatory Property Disclosure Form   Private Sales If you are considering a private…

Voetstoets Time and time again we experience issues regarding defects where a dispute arises about the state of a property and whether a defect was old or new. For the sake of clarity, when a voestoots clause appears in an Agreement of Sale and Purchase, the property is sold in the condition that is in,…

It is essential to know and understand whether you are married IN or OUT of community of property. South African and Foreign laws differ from one another and in this flow chart provided by Annabelle da Costa, you will be able to determine your legal property rights depending on your marriage laws.  

If either the buyer or the seller in your property transaction is not a South African resident, there are certain essential element you need to consider.     This is an informational video for estate agents and is not intended as legal advice.  Please contact us for legal advice for your specific instalment sale agreement…

If you’re an estate agent in South Africa, this webinar is for you. Presented by Annabelle da Cosa of Da Costa Inc., specialists in property law.   This is an informational video for estate agents and is not intended as legal advice.  Please contact us for legal advice for your specific sale agreement.

Annabelle gives you a detailed run-down of the key things you need to know about Instalment Sales and the complexities that could trip you up. This is an informational video for estate agents and is not intended as legal advice.  Please contact us for legal advice for your specific instalment sale agreement.

POPI stands for the “Protection of Personal Information” The POPI Act (hereinafter referred to as “the Act”) was passed into law by Parliament in 2013 and was officially enforced on 1 July 2020. The Act gives effect to the constitutional right to privacy by safeguarding and regulating personal information held on servers or files and…

Welcome back to all estate agents.  Here are all the regulations that apply to during this lockdown period. Lockdown Regulations Level 3

If you are a developer who wishes to open a sectional title scheme on a property you own or are about to own here are the basic steps: Purchase your piece of land. You don’t have to have taken transfer of this land before getting things started, as long as you know you will at…

Has your client lost their Title Deeds?   Here is the new procedure for obtaining a certified (VA) copy Last year we warned you of a change in the process of obtaining a copy (what is known as a VA copy) of a title deed which has been misplaced. The new process was pended for…

Zoning of Property & Subdivisions We regularly receive queries about Property zoning. Whilst we are not experts in the field of zoning, we have done some research and asked the experts – Land Surveyors. There are 3 broad categories of zoning – residential, commercial and industrial. 1. Residential Property  There are several categories and restrictions…

Most banks do not allow the transferring attorney and the bond attorney to be the same firm.  So we are very pleased to announce that Nedbank has selected Da Costa Incorporated to pilot a project whereby they will allow us to handle the bond and transfer process simultaneously. This means that we will be able…

For all home owners If you’re not selling your property, new property legislation usually passes unnoticed. You know that when the time comes, your conveyancing attorney will be up to speed on the latest requirements. But the “geyser law” matters to us all. As from 29 December 2017, every geyser which has been installed, repaired,…

Most of us have been ignoring the “Alien Plant Law”, but we can’t do it anymore. Last year, the first home-owner was fined for breaking the law, and this was only the beginning. The National Environmental Management Biodiversity Act was legislated in 2004, and the Regulations and the Alien and Invasive Species Lists were finally…

I felt the need to write this newsletter as we regularly experience issues whereby we receive a Sale Agreement for a Sectional Title Unit and there is an exclusive use area referred to in that Agreement but the owner is not the registered owner thereof. As you may know, an exclusive use area (EUA) could…

If you are approached by someone to sell a property which is owned by a person who has passed away, please remember the following: You need to deal with the Representative/Executor of the deceased’s estate who has been appointed by the Master of the High Court and who is authorized to act on behalf of…

We are often asked by Sellers if they have to continue servicing their bond once they have signed a Sale Agreement to sell their property over which the bank has a bond registered.  The simple and definite answer is YES. You are responsible for paying the bank the monthly instalments until date of registration. On…

Our firm specialises in conveyancing transactions and property law. If prospective Purchasers have not been adequately informed regarding the costs related to a property transaction, these can be can be unexpected, daunting and in extreme cases can jeopardise the sale. Buyers must be given adequate information regarding the costs at the outset of the transaction…

In January 2017 I sent the first of which is going to be a series of emails with some useful pointers to help reduce the issues on your transfers. Please take the time to read these newsletters, I really do believe that they will assist you. 1. DUE DATES AND DATE OF TRANSFER Please don’t…