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DEMYSTIFYING SUSPENSIVE CONDITIONS

Suspensive conditions are commonplace in sale agreements involving immovable property and we have seen in practice that they can lead to some confusion regarding how they operate and how they differ from normal performance obligations, so in this article we aim to clarify some FAQs. What is a suspensive condition? A suspensive condition suspends the […]

CAN AN OFFER TO PURCHASE BE REVOKED BEFORE THE EXPIRY DATE?

So, you view a property on a beautiful summers day and fall in love with it. You immediately decide to make an offer without further questions and without checking your finances thoroughly. You complete the offer to purchase with the estate agent and sign on the dotted line, leaving the offer open for acceptance by […]

SIGNING A SALE OF PROPERTY AGREEMENT – IS A QUILL AND INK STILL REQUIRED?

If you asked whether you could sign a sale of immovable property agreement electronically, the short answer, up until recently, would have been an emphatic “no”.  This is so, as the Alienation of Land Act 68 of 1981 (“ALA”) provides that no sale of land will be of any force and effect unless it is contained in […]

WHAT IS A CONVEYANCERS CERTIFICATE, AND WHEN WOULD I NEED ONE?

It has become common practice for municipalities to call for a Conveyancers Certificate upon submission of a Land Use Management (LUM) application. Such an application could be for a regulation departure on submission of building plans, an application for subdivision or rezoning of a property or an application for a particular consent use (eg to […]

I HAVE A TENANT IN MY PROPERTY… CAN I SELL?

You have just renewed your lease with your tenant and suddenly you find a beautiful home you love and you need to release some capital to purchase your dream house. Can you put your property on the market? What happens to the tenant? Whose rights are protected in this situation? YES, you can put your […]

UNDERSTANDING THE OCCUPATION CLAUSE IN A SALE AGREEMENT

Occupation refers to the right to physically occupy the property. This usually takes place when the keys are handed over and the Purchaser is actually entitled to move in. There are only 2 types of occupation that can be recorded in a Sale Agreement: “vacant occupation”: this means that from that particular date the Purchaser […]

TOP TIPS FOR NON-RESIDENTS WHEN BUYING IMMOVABLE PROPERTY IN SOUTH AFRICA

As winter has its last hurrah we anticipate that tourists and visitors will start making their way back to South Africa to enjoy our beautiful country and its warm weather. This influx of foreigners sees many falling in love with the country and taking advantage of the value that South African property holds – so […]

TRIPARTITE AGREEMENTS: ALIVE AND WELL OR DEAD AND BURIED?

We’re often asked whether it is possible to on-sell a property before the property has been transferred to the purchaser, thus circumventing the need to transfer the property twice (from original seller to purchaser, and then from “middle-man” purchaser to end-purchaser). This would involve a tripartite agreement between the three parties, which is best illustrated […]

SUBDIVIDING YOUR PROPERTY – WHAT YOU NEED TO KNOW

SUBDIVIDING YOUR PROPERTY – WHAT YOU NEED TO KNOW   WHAT DOES IT MEAN TO SUBDIVIDE YOUR PROPERTY? Subdivision entails a property owner dividing his existing freehold property into two or more smaller pieces of land. The new pieces of land are called subdivided portions. The property owner can then sell one or more of […]