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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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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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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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City of Johannesburg to Deduct Outstanding Municipal Debt from Property Sale Proceeds

According to the city, persistent non-payment by property owners has significantly affected its ability to operate efficiently. In response, it has introduced a stricter enforcement mechanism, aimed at recovering debts before a transfer of ownership is finalised.

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Can a Body Corporate Withhold a Levy Clearance Certificate for Rule Violations?

In a landmark judgment handed down by the Gauteng Division of the High Court, the court made it clear that bodies corporate may not withhold a levy clearance certificate as a means of enforcing compliance with scheme rules or municipal laws — where all financial obligations to the body corporate have already been met.

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What Jozi Residents Need to Know About the Electricity and Water Meter Audit

With ongoing concerns about inconsistent readings, outdated systems, and disputed utility charges, the city is prioritizing an in-depth review of metering records and installations to create a more efficient and transparent billing system.

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Estate Agents and the Duty to Disclose Property Histories

Ethically, if an agent knows that a property has a violent or controversial history, disclosing this information—or at the very least, advising the buyer to conduct further research—aligns with best industry practices.

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