Posted on 7/9/2025 4:13 PM By Cor van Deventer
Under South African law, estate agents and property practitioners are held to strict compliance standards — especially when it comes to their entitlement to commission. One of the most critical of these requirements is holding a valid Fidelity Fund Certificate at the time of performing any estate agency service.
Posted on 7/8/2025 2:29 PM By Cor van Deventer
A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband’s second customary marriage invalid on the grounds that he had not obtained her consent, as required by law.
Posted on 7/7/2025 12:47 PM By Cor van Deventer
A notarial tie is a restriction registered against two or more properties, binding them together without merging their titles. Consolidation, by contrast, physically combines the properties into a single erf with one title deed. Although both are used to satisfy zoning or planning conditions, each carries distinct consequences for ownership, development, and future transactions.
Posted on 6/26/2025 8:32 AM By Cor van Deventer
Transfer duty is a tax levied by the South African Revenue Service (SARS) on the acquisition of fixed property when the seller is not a VAT vendor. Transfer duty must be paid before the property can be registered in the buyer’s name, and proof of payment is submitted to the Deeds Office during the transfer process.
Posted on 6/25/2025 8:24 AM By Cor van Deventer
A suspensive condition suspends the effect of a sale agreement until a specific event occurs — typically bond approval, the sale of another property, or municipal clearance. If the condition is not fulfilled by the agreed deadline, the agreement lapses without consequence. But that simplicity is deceptive.
Posted on 6/24/2025 1:10 PM By Cor van Deventer
When purchasing property in South Africa, various legal professionals play distinct roles in ensuring that the transaction is compliant, secure, and properly registered. Two of the most crucial players in this process are bond attorneys and transfer attorneys. While their work overlaps in timeline and coordination, their mandates, appointment processes, and responsibilities differ significantly.
Posted on 6/23/2025 11:41 AM By Cor van Deventer
For a will to be effective, it needs to be legally valid, clearly worded, and administratively workable. Many individuals mistakenly believe that because they’ve put their wishes in writing, those wishes will automatically be fulfilled. In reality, poorly structured or incomplete wills often create confusion, delay, and even legal disputes during the administration of the estate.
Posted on 6/21/2025 5:09 PM By Cor van Deventer
170 Grosvenor, Bryanston - As of Monday, 2 June 2025, our construction team officially stepped onto the site, boots on the ground, ready to bring bricks and dreams together. After months of careful planning, sales milestones, and behind-the-scenes activity, it’s finally happening.
Posted on 6/20/2025 1:46 PM By Cor van Deventer
The proposed legislation aims to introduce changes to several existing laws that govern divorce in South Africa, starting with key revisions to the Divorce Act of 1979. These amendments are designed to align with updates made to the Mediation in Certain Divorce Matters Act of 1987, particularly in addressing how financial redistribution is handled after a decree of divorce.
Posted on 6/19/2025 8:51 AM By Cor van Deventer
Section 67 of the Property Practitioners Act is not a guideline. It is a hard legal line. It states that no mandate may be accepted by a property practitioner unless the seller or landlord has first provided a completed and signed disclosure form. Despite this, many in the property industry continue to treat disclosure as an administrative afterthought — or worse, a courtesy that can be skipped if inconvenient.