Expropriation without compensation, the phrase on everyone’s lips. On 27 February, the National Assembly passed a motion which mandates a Constitutional Review Committee to review Section 25 and the issue of expropriating land under the Constitution. Section 25 of the Constitution provides property may be expropriated only for “a public purpose or in the public interest” […]
Sellers should not solely rely on the protection of the “voetstoots” clause if they don’t have approved building plans. It seems as if there is a growing legal shift away from the protection the voetstoots clause offers for pre-owned property sellers with illegal or unapproved structures. The Courts place the responsibility of ensuring that there […]
Most certainly one of the most frequently asked questions a conveyancer get, is how long will the transfer take? Each and every property transfer is unique and therefore the facts of each transfer first has to be assessed in order to estimate a date for registration. An average transfer can take up to 3 months. […]
We have discussed the importance of a deed of alienation (Agreement of Sale / Accepted Offer to Purchase) in Part 1 of the Agreement of Sale publication. There are still other clauses of paramount importance which we should look out for and be sure to understand, before we sign the contract. These clauses include the […]
According to section 2 of the Alienation of Land Act 68 of 1981, no alienation of land shall be of any force or effect unless it is contained in a deed of alienation, signed by the purchaser and the seller. A deed of alienation is a synonym for an Agreement of Sale or an accepted […]
It is common that parents in their will bequeath property to their children. Often the parent during his/her lifetime wishes to transfer the property to his/her child without letting the child pay for the property. This constitutes a donation and would attract donations tax. What is donations tax, how much and for who’s account? Donations […]
We have come to note of the term “Transfer Duty”, but what is it exactly, who pays it when and how much? If Transfer Duty is payable on all property transfer where the purchase price of the property exceeds the current prescribed R900 000.00, then it is still noted that certain estate agents advertise properties exceeding […]
Purchasing a property can be a stressful experience and not knowing what costs you may incur registering the property in your name may just worsen the situation. Herewith a brief summary of the costs involved when purchasing a property. Let’s take the Scenario where A, Purchases a property for R1 000 000.00 from B, and […]
You may have seen a property ad in the newspaper with the following phrase in bold: “No Transfer Duty Payable”. There is a saying that, “when things sounds to good to be true, it probably is.” and in this case, it is. The ad is 100% correct in that there will be no Transfer Duties […]
In this Article we will investigate whether the Consumer Protection Act 68 of 2008 (CPA) applies to second-hand goods or used goods. Will a consumer be protected under the act against defective second hand goods. Case Law: Vousvoukis v Queen Ace CC t/a Ace Motors 2016 (3) SA 188 (ECG) the court was faced with […]
