Property: Why Do You Need an Occupancy Certificate Before You Buy?
“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into your name, and move in. But then disaster strikes. The Municipality tells you no occupancy certificate was ever […]
Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection
“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer comes in for your property, so you accept it. But you’re not happy with a few of the terms, so before you sign you make […]
Why Buyers Should Ask for Building Plans (and Why Sellers Should Supply Them)
“No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.” (National Building Regulations and Building Standards Act) Here’s a nightmare scenario for a buyer – you move into your […]
“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?
Loadshedding continues to plague us and our businesses, and when tenants are connected during power cuts to their landlord’s alternative power source – such as a generator – it is essential for both parties to understand their respective rights. Lights out for a shopping mall gym An upmarket gym had relied for years on its […]
Can You Use Land Use Laws to Close Down a Neighbour’s Business?
“A bad neighbour is as great a calamity as a good one is a great advantage”. (Hesiod, poet of Ancient Greece) Your neighbour’s business is driving you to distraction. Perhaps it’s loud all-night music, or an invasion of your hard-earned privacy, or illegal parking in your driveway, but regardless of what the nuisance factor is, […]
Festive Season Sellers: Start Getting Your Compliance Certificates Ready
“If you don’t like where you are, move. You are not a tree” (Jim Rohn) It’s that time of year again – summer sunshine, happy holidaymakers in festive mode, and an upsurge in property sales. Whether seller or buyer, be aware of the various compliance certificates that may be required for your transfer to go […]
A Costly Case of Buyer’s Remorse
“Caveat subscriptor” – old legal maxim meaning “Let the signer beware!’ A recent High Court decision once again highlights the dangers of signing anything without reading, understanding and fully considering it. A “Renovator’s Dream” and a case of buyer’s remorse A couple viewed a house advertised as “a renovator’s dream” and they immediately decided to […]
Selling Your House to a Non-Resident
“Oh, I’m an alien, I’m a legal alien” (Sting’s ‘Englishman in New York’) South Africa is attractive to overseas property buyers with our world-class lifestyle, depreciated Rand, strong property registration and legal systems, and minimal restrictions against non-resident property ownership. Which is of course great news for property sellers in any area popular with foreign […]
Security Warning: Property Sale Cybercrime Surges, and a New AI Danger
“The infectiousness of crime is like that of the plague” (Napoleon Bonaparte) This October marks the 20th anniversary of the globally observed “Cyber Security Awareness Month”, and with cybercrime continuing to surge, here’s a cautionary tale to bear in mind. You buy your dream house and pay the purchase price to the transferring attorneys (the conveyancers). […]
Landlords: You Cannot Cut a Defaulting Tenant’s Water and Electricity
“A fundamental principle in issue here is that nobody may take the law into their own hands. In order to preserve order and peace in society the court will summarily grant an order for restoration of the status quo where such deprivation has occurred, and it will do so without going into the merits of […]