Conveyancing and Property law

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Suspensive conditions in contracts of sale of immovable property

When a contract is subject to a suspensive condition, the contract comes into effect only if the condition is met. On a practical level, this can entail a future event such as a deposit payment, securing a loan or even conditions such as graduating from university to receive a bonus payment. Suspensive conditions are commonly […]

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The duties and liability of property management agents – know your rights

Competent property management agents are invaluable in the administration of sectional title schemes and are often the contact point in the relationship between landlord and tenant. Unfortunately, many sectional title body corporates have fallen into financial dire straits and landlords have suffered tremendous losses arising from poor service or inadequate administration by managing agents. <read […]

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Sectional title levies – does the National Credit Act apply?

The National Credit Act regulates matters surrounding credit agreements in South Africa, while the Sectional Titles Act regulates matters regarding sectional title schemes and their administration. Sectional title levies (general levies) are raised annually by the body corporate, following an annual general meeting, and are often collected by managing agents, on behalf of the body […]

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Contract of sale of immoveable property

In terms of the law of contract all agreements (contracts), whether reduced to writing, or not (verbal contracts) are equally enforceable in law. However, contracts of sale of immoveable property are one of few contracts that, by law, must be recorded in writing (Alienation of Land Act 68/1981). Furthermore, according to the Alienation of Land […]

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Dispute resolution or prevention in sectional title schemes?

General levies, are based on the annual budget and are raised by the body corporate at the annual general meeting. Thus, general levies are raised with the approval of the body corporate. Special levies, on the other hand, are raised by means of a less formal procedure and are generally raised in the discretion of […]

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