Blog

  • Posted January 27, 2022

GOODBYE EAAB, HELLO PROPERTY PRACTITIONERS REGULATORY AUTHORITY AS PRESIDENT PROCLAIMS PROPERTY PRACTITIONERS ACT TO COMMENCE 1 FEB 2022

The Estate Agency Act, 1976 (No. 112 of 1976) is repealed  & replaced by The Property Practitioner Act, 2019 (No. 22 of 2019). The first 7 Chapters of the Act set out definitions, establish the Authority, Board & Fund with enforcement, compliance etc., and further provides for transformation of the Property sector. It starts getting […]
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  • Posted November 29, 2021

“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 […]
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  • Posted October 25, 2021

I’M BUYING A HALF-SHARE IN THE PROPERTY – IS TRANSFER DUTY STILL APPLICABLE?

We all know that transfer duty is payable on the acquisition of immovable property where the value exceeds R1 million, and where the transaction is not subject to VAT. But what about a situation where only a half share is being acquired, at a purchase price of less than R1m? Transfer duty is a tax […]
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  • Posted September 22, 2021

SUBDIVISION v SECTIONAL TITLE: THE PROPERTY-OWNERS GUIDE

Most Cape Town property owners will be aware of the fact that an amendment to the Municipal Planning By-Law (MPBL) in 2020 now allows for the construction of a third dwelling on properties zoned Single Residential (DENSE JUST BECAME DENSER [Jan 2020]).  In light of the new opportunities that this amendment has created, many of our […]
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  • Posted August 20, 2021

THE MILLION-DOLLAR QUESTION: HOW LONG WILL MY PROPERTY TRANSFER TAKE…?

Wouldn’t it be amazing if we had a definite answer to this question and all parties involved could have peace of mind and certainty that registration of transfer will take place on a particular date? The reality, however, is that there are just too many “moving parts” in the South African property transfer process for […]
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  • Posted July 16, 2021

HOME OWNERS ASSOCIATIONS AND COMMUNITY LIVING

With modern lifestyle in a post-Covid society top of mind with most property purchasers, the popularity of Security Estates and Community Living remain on the increase. Many such Estates and Communities are governed by a Homeowners’ Association (HOA) and this article discusses the role that HOA’s play in the world of property ownership. HOA’s are […]
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  • Posted May 7, 2021

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 […]
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  • Posted March 29, 2021

HOW DO I CANCEL MY BOND WITH THE BANK?

“After nearly 20 years I’m finally at the point where I’ve just about repaid my home loan in full. This got me thinking though, what happens or what I should do when I pay the final instalment?” We’re often approached by clients for advice on how to go about cancelling a paid-up bond, or even […]
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  • Posted January 22, 2021

WHY CAN I SCAN MY SALE AGREEMENT BUT I HAVE TO COURIER MY POWER OF ATTORNEY?

So you were able to sign, scan & email your Sale Agreement back and forth from your laptop on your pool lounger in the south of France when negotiating the sale of your property but now that the deal is done your Conveyancing Attorneys are saying you can’t use the same process for your transfer […]
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