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Posts Tagged 'property lawyers'

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Attention Property Practitioners! Are You Actually Compliant Or Just Registered?

The Property Practitioners Act imposes a detailed and enforceable framework for how property practitioners must conduct themselves in practice. It touches everything from how records are stored and how deals are marketed, to who you can work with and what happens if you get it wrong.

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Can an Estate Agent Claim Commission If They're Not Named in the Sale Agreement?

A recent judgment handed down by the Western Cape High Court has brought much-needed clarity to a question that estate agents, sellers, and property attorneys frequently encounter: Can a party claim commission simply because they facilitated a sale — even if they're not named in the signed sale agreement?

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Is a 99-Year Lease Really Ownership? Waterfall Estate’s Unique Leasehold Model

Waterfall Estate operates on a 99-year leasehold system — but unlike a standard fixed-term lease, this agreement is automatically renewable, making it a far more stable and enduring arrangement than the term might initially suggest. Under this model, residents do not purchase the land itself. Instead, they acquire a long-term leasehold right to occupy and use the property for a 99-year period. 

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No Certificate, No Commission – Why FFC Compliance is a Must

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.

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What is the Difference Between Consolidation and Notarial Tie?

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.

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Vat or Transfer Duty? Which Do You Pay When Buying from a Developer?

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.

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Mandatory Disclosure Forms Under Section 67 of the Property Practitioners Act

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.

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Spoliation in South Africa – What There is to Know

Spoliation is one of those legal concepts that often surfaces during disputes over possession — especially in property, residential, and commercial contexts. It deals with a very specific scenario: when someone takes the law into their own hands and unlawfully deprives another of possession of property, without going through the proper legal channels.

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Let VDM Attorneys Help You Stay Compliant with Your FFC Renewal

The Property Practitioners Regulatory Authority (PPRA) requires that FFCs be renewed every three years by 31 October. Missing this deadline can lead to compliance issues and disrupt your operations. At VDM Attorneys, we understand how time-consuming and frustrating it can be to navigate the renewal process, from paperwork to long queues at the PPRA.

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Documents for Sectional Title Development in South Africa

The obligation for developers to hand over specific documents at the first general meeting is set out in the Sectional Titles Schemes Management Act (STSMA) and the Prescribed Management Rules (PMRs). These rules are not optional; they exist to ensure continuity, transparency, and accountability from the outset of the scheme’s life.

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