Beyond the Fine: When Can a Body Corporate Interdict a Disruptive Owner?
Living in a sectional title complex requires a careful balance between enjoying your own home and respecting your neighbours. While most owners and tenants follow the rules, almost every trustee and managing agent eventually runs into a nightmare scenario: an occupant who completely ignores the complex’s rules and makes life miserable for everyone else. Whether […]
What Happens When a Buyer Backs Out of a Property Sale?
For both sellers and buyers in South Africa, agreeing on a property transaction feels like the hardest part of the journey. However, once an offer to purchase (OTP) is signed by both parties, it becomes a legally binding contract. When a buyer suddenly decides to walk away, it triggers immediate legal and financial consequences. Here […]
Tips for First-Time Property Sellers
First-time sellers often focus only on the asking price, take a few photographs, list the property, and wait for the first offer. Good marketing matters in property sales, but it’s rarely where the issues show up. What causes problems is discovering the real risks only after a buyer is already interested. Missing documents, municipal issues, […]
The Developer’s Handshake: When Buying a New Property Changes Your Tax Bill
When you walk into a modern development, the smell of fresh paint and polished finishes welcomes you into a space that feels ready to be lived in. But before the move-in day, there are tax and legal steps that need to be completed to finalise the deal. What makes it more complex is that, in […]
Downsizing for Retirement: Making the Move That Makes Sense
Less space. More freedom. As retirement approaches or the kids move out, many homeowners start to rethink their living space. Downsizing isn’t just about getting a smaller home—it’s about choosing a space that suits your new lifestyle. Whether you’re looking to simplify maintenance, cut costs, or enjoy a slower pace in a more comfortable setting, […]
Township Property: An Untapped Market?
Much has been written about the residential property markets in South Africa’s iconic cities: Johannesburg, Cape Town, and Durban. But what of the largest townships in or adjacent to each of these cities: Soweto, Umlazi, and Khayelitsha? While the glossy brochures and media headlines often focus on city skylines and prime real estate, there’s a […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Seller Appoints the Conveyancer; Purchaser Pays the Fees
There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer, and the purchaser pays the transfer fees. However, this arrangement has become deeply embedded in South African conveyancing practice over many years, if not decades, due to a range of practical and legal reasons outlined […]
Can an HOA Block Access for Foreign Domestic Workers?
Homeowners’ Associations (HOAs) are legal entities responsible for managing and regulating housing development schemes. They oversee maintenance of communal infrastructures such as roads, security systems, and other shared amenities. An HOA can legally implement access restrictions as part of its security procedures, but sometimes the extent of these procedures is questioned. HOA’s authority to regulate […]
Property Ownership Transfer and the Abstract Theory
South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. In the case of Legator McKenna Inc. v Shea [2009] 2 All SA 45 (SCA), McKenna, an attorney, was appointed as the curator of Mrs Shea’s estate because she […]