An Estate Agent’s Right to Commission - What Happens When the Deal Falls Through
For most property practitioners, few things are more frustrating than closing a deal - only to have it collapse before registration.
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How to Legally Handle Multiple Offers on a Property in South Africa
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.
The “Subject to Sale” Clause Explained: When Is It Actually Fulfilled?
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.
Why the “Subject to Building Inspection” Clause in an Offer to Purchase Often Fails
Most property buyers (and agents) understand that a suspensive condition is a clause in the Offer to Purchase (OTP) that suspends the agreement until a certain condition is fulfilled.
B-BBEE: A Licence to Operate, But Not True Empowerment
The Gap Between B-BBEE and Real Empowerment
How the Community Schemes Ombud Service (CSOS) Works - and When to Use It
Living in a community scheme - whether a sectional title complex, homeowners' association (HOA), retirement village, or share block - means you are part of a community governed by rules. Most of the time, these rules help maintain harmony, safety, and property value. But sometimes, disputes arise: over levies, pets, no
Pets in Community Schemes: When Decisions Are Reasonable - and When They’re Not
Living in a sectional title complex or estate often comes with rules designed to balance the rights of all residents. One of the most debated topics is whether pets are allowed - and under what conditions. Community Schemes (such as sectional titles and homeowners' associations) are entitled to make rules, but those ru
Why Buyers & Sellers Should Only Ever Pay Into the Attorney's Trust Account
When buying or selling a property, large sums of money inevitably change hands. Deposits, purchase prices, transfer costs, commissions - the amounts are significant, and so are the risks. Unfortunately, property transactions are one of the biggest targets for fraud and misappropriation of funds in South Africa. That's
What is the Difference Between an Attorney, Advocate, Conveyancer & Notary?
When you need legal help, you might wonder: Do I need an attorney? Should I be speaking to an advocate, conveyancer, or even a notary?
Can You Sell a Property Without a Compliance Certificate in South Africa?
When selling property in South Africa, one of the most common questions is: Do I need a compliance certificate before I can transfer the property?
Buying a Property Holding Entity: Transfer of Shares vs. Transfer of Property
When it comes to acquiring property, most buyers think of the traditional route: purchasing the property directly and registering it in their personal name or in a company. But there's another method that can sometimes offer strategic advantages - buying the company that already owns the property.
When Does Transfer Duty or VAT Apply to a Property Transfer?
Buying a property in South Africa always comes with additional costs, and one of the most common questions is: Do I pay transfer duty, or is VAT included?
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