Stay informed with practical legal updates designed specifically for estate agents. Explore articles on mandates, commission disputes, Offers to Purchase, compliance, and property law.
Every estate agent knows to prequalify a buyer, but far fewer prequalify the seller. Cor van Deventer explains the checks agents should complete before listing to identify ownership, financial, compliance and transfer risks that could delay or derail a sale.
Practitioners often assume the CPA applies to every sale. It doesn't. Get the exclusion wrong, or leave it out entirely, and you risk unintended consumer protections attaching to a private sale, or a compliance headache over marketing communications that were never meant to be marketing at all.
A property sale can't happen without personal information moving between the practitioner, the conveyancer, the bond originator, and half a dozen other parties. POPIA doesn't stop that, but it does require consent and a defined purpose. This instalment covers what the clause needs to say.
The commission clause is often the shortest clause in an OTP, and the one most likely to cause a dispute. This instalment in our OTP drafting series covers what makes a commission clause enforceable, and how to protect your fee when a deal falls apart.
The 72 hour clause allows a seller to keep marketing a property while a purchaser's suspensive conditions are still being met. Used correctly, it protects both parties. Used poorly, it creates disputes that end up on an attorney's desk.
If you run an estate agency in South Africa, the way you reach potential buyers, sellers, landlords and tenants changed on 15 April 2026 - and the change is bigger than most principals realise. The Consumer Protection Act has been amended to introduce a national "Do Not Contact" register, and the new regime applies imm
For most property practitioners, few things are more frustrating than closing a deal - only to have it collapse before registration.
When the property market heats up, sellers are often lucky enough to receive more than one offer to purchase (OTP)at the same time. While it's a great position to be in, it also comes with potential legal and ethical pitfalls - especially for estate agents and sellers who don't follow due process.
One of the most common suspensive conditions in South African property transactions is the "subject to sale" clause - where a buyer's offer to purchase (OTP) depends on them first selling their existing property.
When someone passes away, their assets - including immovable property - form part of their deceased estate. If the property is to be sold, it cannot be treated like an ordinary sale. There is a defined legal process that must be followed before transfer can take place. Understanding the steps upfront helps families, he
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.
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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