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DON’T FALL VICTIM TO EMAIL FRAUD – HERE’S HOW

By now, we’ve all heard the story from someone close to us who has been duped into making a payment to a fraudsters bank account, usually as a result of email spoofing. The payment could be anything from the settlement of your plumber’s recent invoice, to the purchase of a motor car or payment in […]

GOODBYE EAAB, HELLO PPRA AS PRESIDENT PROCLAIMS PROPERTY PRACTITIONERS ACT TO COMMENCE 1 FEBRUARY 2022

The Estate Agency Affairs Act, 1976 (No. 112 of 1976) is repealed & replaced by The Property Practitioners Act, 2019 (No. 22 of 2019). The work of the Estate Agency Affairs Board (EAAB) will now be taken over by the Property Practitioners Regulatory Authority (PPRA). Snippets from the Act include mandatory Fidelity Fund Certificates (FFC’s) for […]

“WITH A SHOVE OF THE FOOT”

In the majority of property sale agreements, you will more than likely come across the voetstoots clause : a common law principle that literally means sold “with a shove of the foot”.  All contracts have an implied warranty ie. that the property sold is free from any defects. However, the voetstoots clause means that what […]
  • On November 29, 2021
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RATES REFUND FROM THE CITY OF CAPE TOWN…, WILL I EVER GET IT?

So, you’ve sold your property and are aware that the Purchaser pays all the costs of transfer. Then your Conveyancer asks you for roughly 3 times your monthly rates and utilities account to be paid to him upfront! There is the promise of a refund in respect of any over-payment made, but will this ever […]

CORONA: A BEAUTIFUL NAME FOR A VILE VIRUS

I was so excited as the transition from lockdown level 4 to level 3 loomed, with the prospect of the property industry kicking back into action after its lockdown slumber now real – and then,  that Thursday morning, I felt my body temperature rise just that little bit above where it should have been… “Oh […]

COVID-19 AND CONTRACTS: CAN I ESCAPE FROM MY RECENT PURCHASE OR LEASE AGREEMENT?

Many of our clients have asked how the outbreak and deepening of the worldwide Coronavirus Crisis affects already-concluded sale and lease agreements and performances due in terms of these agreements, and whether they may be excused of their legal obligations in certain circumstances. South African law recognises both the contractual provision of Force Majeur  and […]