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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 Ownership? Waterfall Estate’s Leasehold Model

When buying into an exclusive development like Waterfall Estate, one question comes up time and time again: "Do I actually own the land I'm living on?" It's a fair concern — especially given that the estate operates under a 99-year leasehold model, rather than freehold title. To the unfamiliar ear, the phrase 99-year l

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No Certificate, No Commission – Why FFC Compliance is a Must

Under South African law, estate agents and property practitioners are held to strict compliance standards — especially when it comes to their entitlement to commission. One of the most critical of these requirements is holding a valid Fidelity Fund Certificate (FFC) at the time of performing any estate agency service.

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Court Overturns Second Customary Marriage Due to Lack of Consent

A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband's second customary marriage invalid on the grounds that he had not obtained

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Surge in Platinum Group Metal Prices

Following a fairly subdued first five months of the year, the prices of platinum group metals (PGMs) suddenly came to light in June. Between 2 January and 2 July, the increases in the prices of platinum, palladium, rhodium and ruthenium amounted to 49%, 30%, 20% and 63%, respectively. South Africa is by far the world's

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Vat or Transfer Duty? Which Do You Pay When Buying from a Developer?

The question of whether VAT or transfer duty applies when buying property from a developer continues to cause uncertainty among South African buyers. While transfer duty is a well-known tax in resale transactions, residential properties sold by VAT-registered developers are generally exempt from it — and subject instea

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Suspensive Conditions in Property Sales – What are They & Why do They Matter?

In property transactions, few clauses carry as much legal weight — or as much potential for dispute — as suspensive conditions. These are not mere formalities. They determine whether a sale agreement becomes binding at all, and yet they are often poorly understood or loosely drafted.

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The Difference Between Bond Attorneys and Transfer Attorneys

When purchasing property in South Africa, various legal professionals play distinct roles in ensuring that the transaction is compliant, secure, and properly registered. Two of the most crucial players in this process are bond attorneys and transfer attorneys. While their work overlaps in timeline and coordination, the

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Why Your Will Must Be Legally Valid and Actionable

Drafting a will is one of the most important steps in estate planning, but simply drafting one is not enough. For a will to be effective, it needs to be legally valid, clearly worded, and administratively workable. Many individuals mistakenly believe that because they've put their wishes in writing, those wishes will a

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A New Chapter Begins at 170 Grosvenor

I hope this message finds you packed with the same sense of excitement we're feeling on our side of the fence. I'm writing this article not just as your appointed conveyancer, but as a fellow stakeholder in the incredible vision that is 170 Grosvenor. A vision that's fast becoming a reality, thanks to the amazing respo

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New Changes to Divorce Law in South Africa

South Africa is preparing for a significant overhaul of its divorce law framework. Justice Minister Mmamoloko Kubayi has announced her intention to present the General (Family) Laws Amendment Bill, 2025 to Parliament. This legislative update seeks to address gaps identified by the Constitutional Court in 2023 — particu

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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 t

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