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Posts from 2025

Articles published during this year.

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What Happens If You Die Without a Will in South Africa?

No one likes to think about death, but planning ahead can save your loved ones from conflict, confusion, and financial hardship. In South Africa, if you pass away without a valid will, the distribution of your estate is governed by the Intestate Succession Act. This law sets out exactly who inherits and in what proport

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Top 5 Mistakes Agents Make in Mandates (and How to Avoid Them)

When it comes to selling property, few documents are as important as the mandate agreement between an estate agent and a seller. Yet, mandates are often misunderstood, rushed, or poorly drafted - leading to commission disputes, strained relationships, and even litigation.

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Politics vs. Justice: Why South Africa’s Courts Keep the Country on Track

South Africans are no strangers to political turmoil. Inefficiency, corruption, populist rhetoric, and policies that bend under the pressure of political expediency dominate the headlines almost daily. Our government often appears unable - or unwilling - to act in the best interests of its citizens.

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Don’t Let Your Agent “Buy the Listing”: Why Strategy Matters More Than Valuation

When you're selling your home, one of the first big questions is: what's it worth? It's natural to be drawn to the estate agent who promises the highest price. But beware - this is where many sellers get caught by a practice known as "buying the listing."

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The Hidden Trade-Offs of High Commission Splits in Real Estate

In the South African property industry, commission splits have become one of the hottest talking points since 2020. With the rise of cloud-based brokerages and "agent attraction" models, many companies now offer eye-catching splits of 70%, 80%, or even 100% to lure agents away from traditional firms.

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How Real Estate Has Changed Since 2020: The Rise of the Agent Attraction Model

The real estate industry has always been quick to evolve, but few shifts have been as dramatic as the one we've seen since 2020. Traditionally, real estate was all about buyers and sellers - estate agents built their business on listings, show days, and closing deals. But in recent years, a new model has disrupted the

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What To Do If You Can’t Get Your Fidelity Fund Certificate (FFC) from the PPRA

Every estate agent in South Africa knows the struggle: you've submitted your Fidelity Fund Certificate (FFC) application to the Property Practitioners Regulatory Authority (PPRA), paid your fees, and… nothing happens. Weeks or even months go by without a certificate being issued.

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Can an Estate Agent Claim Commission Without a Fidelity Fund Certificate?

In the world of real estate, commission is the lifeblood of an estate agent's income. But what happens if an agent closes a deal while their Fidelity Fund Certificate (FFC) is expired or invalid? A recent High Court case has once again highlighted a critical point: without a valid FFC, an estate agent may have no legal

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Who Really Earns the Commission? Lessons from RE/MAX Living v Kapstadt International Properties

Commission disputes between estate agents are not uncommon - but few have been as clarifying as City & Atlantic Real Estate (RE/MAX Living) vs Kapstadt International Properties. The Western Cape High Court, in late 2024, delivered a judgment that affirmed key legal principles around agency, mandates, and when an agent

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Divorce and Custody: How South African Law Protects Mothers and Children

For many women considering divorce, one of the biggest fears is:

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Co-Parenting Agreements: How the Law Puts Children First

Divorce or separation is never easy - but when children are involved, the stakes are even higher. South African family law is clear: the best interests of the child are the overriding principle in every decision, whether it relates to custody, care, or contact.

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Community Scheme Living: What Every Buyer Should Know Before Moving In

Buying into a sectional title complex, gated estate, or homeowners' association (HOA) is very different from purchasing a freestanding home. When you buy in a community scheme, you don't just buy a property -you buy into a shared way of life. That means collective decision-making, financial contributions, and rules des

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