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Signing an offer to purchase can feel like the finish line — but in legal terms, it's often just the start of a conditional waiting game. In South African property transactions, the sale agreement may include one or more suspensive conditions that must be fulfilled before the contract becomes enforceable. Until that ha
When selling a residential property in South Africa, the availability of approved building plans is not merely administrative — it forms part of the due diligence process and can directly affect the progress of a property transfer. Yet it's not uncommon for municipalities to have no formal record of the plans, even in
For years, the property industry in South Africa operated under outdated regulations that failed to meet the needs of a modern, inclusive economy. That changed with the introduction of the Property Practitioners Act 22 of 2019 — a piece of legislation that came into effect on 1 February 2022, replacing the decades-old
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?
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
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.
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
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
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
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.
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
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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