What Does an Interdict on a Property Mean?
When buying, selling, or even developing property in South Africa, one term you may come across is an interdict. But what does it really mean, and how can it affect your rights as a property owner or buyer?
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Selling a Property from a Deceased Estate
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
Can You Exclude Assets from a Spouse in a Community of Property Marriage?
Marriage is not only an emotional commitment - it's also a financial one. In South Africa, unless couples sign an antenuptial contract, the default marital system is community of property. This means that everything each spouse owns before and during the marriage (with very limited exceptions) falls into a single, join
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
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.
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.
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."
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.
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
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.
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
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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