Blog
Can a property still be sold “Voetstoots”?
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
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…
The Bond Process
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
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…
Defects and Voetstoets
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,…
Marriage Laws and Property : In or Out of Community of Property?
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.
Webinar: Foreign Property Ownership: Buyers & Sellers
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…
Webinar: Powers of Attorney, Incapacity and Deceased Estates
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.
Instalment Sales Webinar for Estate Agents
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.
The POPI Act is now in force
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…