Conveyancing and Property law

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Probation

The offer to purchase is a binding agreement!

Introduction The purchase of property, especially for first-time buyers, may seem riddled with legalities and leaves the buyer with many questions around their rights, what they are entitled to ask and uncertainty about their responsibilities to the seller.  Understanding the impact of the offer to purchase on the transaction will ensure that the buyer feels […]

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Class Action

Unpacking the Mandament of Spolie

Introduction   The mandament van spolie (also known as the spoliation remedy, or the mandament) is an ancient remedy available to any person who is dispossessed unlawfully without a court order, or authorizing legislation for the dispossession, or consent.  Very basically, there are (generally speaking) two requirements that a dispossessed person needs to prove in order […]

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sale in execution

Challenging the Voetstoots Clause by seeking relief in terms of the Aedilitian Remedies

Introduction A defect is considered latent if it was not visible or discoverable upon reasonable inspection and the Purchaser was unaware of the defect. Though a latent defect may be present, it may not always amount to a breach of contract and the Seller in most instances remains victorious when the Purchaser wishes to cancel […]

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nominated and selected subcontractors

Constitutional Court rules that Municipalities should not approve building plans which will devalue your property

Introduction Land and property development has been on the lips of every South African, with every person from any segment of the country trying to gain interest or protect their interests in property. The notion of owning and having access to land is at the core of identity for many South Africans. It represents achievement, […]

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Property Practitioners Bill

Overview of the Property Practitioners Bill

Introduction The estate agency industry and the property industry more broadly is set to see significant changes with the introduction of the Property Practitioners Bill. The Bill will replace and repeal the current Estate Agency Affairs Act 112 of 1976 (hereinafter referred to as the “Estate Agency Act”). This will leave many people wondering what […]

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