Conveyancing and Property law

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offer to purchase

Can I cancel an offer to purchase – who is liable and for what?

In South Africa, the transfer of immovable property is governed and regulated by legislation in order to protect all parties to the transaction. In terms of Section 2 of the Alienation of Land Act No. 68 of 1981, no alienation of land shall be of any force or effect unless it is contained in a […]

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Sectional Title schemes: How the management has changed

The new Sectional Title Schemes Management Act No. 8 of 2011 (the “STSMA”) came into operation on 7 October 2016. This Act, in essence, has taken all the management, governance and rules as provided in the Sectional Titles Act No. 95 of 1986, as amended from time to time (the “STA”), and codified the current […]

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tax

Withholding tax when dealing with a non-resident seller

Generally speaking, capital gains tax is normally payable on the proceeds of sales of immovable property. However, the enforcement and payment of this have proven problematic, particularly when sales of immovable property concerns non-residents. From the South African Revenue Services’ (“SARS”) perspective; it has been always been extremely problematic to ensure proper and fair compliance […]

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deposit

Circumstances surrounding the deposit when purchasing immovable property

One of the most controversial issues in purchasing an immovable property today is the situation where the sale does not proceed. Does the seller or purchaser have the right to the deposit?  The answer to this question is not that easy or as simple as many sellers, buyers and estate agents wish to believe. In […]

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Co-ownership of immovable property

These days co-ownership is financially appealing to many people, and has over the years become increasingly popular.  It is a good way to acquire property that you could possibly not have afforded to purchase on your own. Co-ownership is a share or a percentage of the total, which means that the co-owners also have co-liability […]

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