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2014

February 2014
Property: Trouble with Trusts
Whether or not 2014 lives up to the forecasts of accelerating strength in the property market, you need to know that your sale or purchase of land will be invalid unless it complies strictly with these legal requirements...

January 2014
Property Buyers - A 25m Cautionary Tale
Take for example a recent High Court case in which the auction buyer of a prime Camps Bay property claimed damages of R25m both from the seller and from the auctioneer.  Its R25m loss was, said the buyer (a company), caused by misrepresentations and non-disclosure which induced it to buy the property for a price of R44 million (R40m plus R4m auctioneer’s commission) – R25m more than the R19m it would otherwise have paid...

2013

December 2013
Estate Agent's Commission: "Effective Cause" is not enough
Both property sellers and estate agents need to know the downside of not recording, clearly and in writing, the exact circumstances in which a seller must pay commission to an agent...

November 2013
Property Sellers - Choose your own Attorney!
When you come to sell your house or other property, you have the right to nominate your own attorney to attend to the conveyancing for you.  Insist on doing so...

October 2013
Developers: Green Laws Grow Sharper Teeth
Property owners and developers who breach environmental legislation face substantial penalties, and our courts are getting tougher in applying them...

September 2013
Security Estates Beware: Your Levies at Risk if Owner Goes Under
There are many advantages to living in a security estate, provided that the HOAs (Home Owners Associations) which normally run them are financially sound.  Since HOAs rely on the collection of levies from members to fund communal expenses, they should always be protected in this regard by title deed conditions obliging all owners...

August 2013
Why You Must Make a Will - Now!
It’s easy to procrastinate when it comes to making a will. None of us wants to dwell on our mortality, but of course the reality is that it’s a not a case of planning for “If I die”. We have to plan for “When I die”...

July 2013
Insurance: The Risk of not Reporting
Having your insurance claim repudiated is particularly galling if you’ve been meticulously paying out hefty premiums for years. But take care to comply strictly with all the terms and conditions of your policy contract - not doing so can cost you dearly...

June 2013
The Demolition Danger: Building Without Approved Plans
A new High Court decision highlights once again the need to have your building plans approved before you build...

May 2013
Who Will Rid Me of this Leaking Roof?
Witticisms by modernist architects aside, can you sue the seller when the roof of your new dream house starts leaking shortly after purchase?

April 2013
Signed Surety on a Bond? Manage Your Risk!
Property can indeed be a great investment, just be aware that signing personal suretyship – which you will almost certainly have to do if you buy property in a company or trust with money borrowed from a bank – carries risks that you can and should actively manage. Whilst the bank’s first line of security will be a bond over the property, its second will be you personally as surety...

March 2013
Brave New World: Virtual Boardrooms in Cyberspace
One of the innovations brought in by our “new” Companies Act is that company meetings may now be held via electronic communication, opening the door for companies to use cyber services such as email, online messaging, voice and video conferencing (easy with services like Skype, SightSpeed, iChat etc) to replace traditional “face-to-face all in one place” boardroom meetings...

February 2013
Your Sectional Title Levies – Are They Valid?
A recent High Court case, in which a body corporate failed in its attempt to sequestrate the deceased estate of a section owner, shows once again the necessity of complying with all the requirements of sectional title legislation...

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