Newsletters

20 May 2024

CARPORT BUILDING REGULATIONS: https://carports.co.za/building-regul...

Firstly, what is a carport according the National Building Regulations?

20 May 2024

Building plans – City of Cape Town (D. J. Boshoff, Spiral Sig...

Minor works For the most part, you need to have an approved building plan to build and renovate. However, there are some types of structures and renovations that are considered ‘minor’ and therefore don't need approval.

27 Feb 2024

Show House – Open houses risks: Not the first case in South A...

Editor Last week, a Nelson Mandela Bay estate agent found himself at the centre of a hostage situation, as reported in The Herald. According to the newspaper, a video has been circulated of an unnamed RE/MAX agent sitting on a bed in his underwear, with his hands bound. Behind the camera, “men can b

13 Feb 2024

Solar PV and battery system installation: Important information (Ci...

With Eskom’s intense load-shedding, Capetonians are increasingly choosing to install solar PV and battery systems.

13 Feb 2024

WHEN YOUR TENANT ‘DOES A DUCK’ (July 10, 2023: MIKE SP...

Tips for landlords when their tenant does a disappearing act. Everyone who has let out property knows that sickening feeling when you find out that your tenant has disappeared.

13 Feb 2024

RESPONSIBILITY TO MAINTAIN AND REPAIR FOUNDATIONS AND BOUNDARY WALL...

This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titles Schemes Management Act 8 of 2011 in order to establish who must maintain what in sectional title scheme developments.

13 Feb 2024

Landlords not allowed to intimidate non-paying tenants; Written by ...

More tenants are defaulting on their rental payments, but landlords are not permitted to cut their water or electricity supplies – nor are they allowed to change the locks or intimidate them in other ways.

4 Aug 2023

Evict non-paying tenant legally – this is how it has done (AP...

So, you have been stressing for months about unpaid rent due from your tenant, and you are unsure how to remedy the situation. On top of that, you are unsure if you can evict your tenant legally, as you do not have a written lease agreement.

4 Aug 2023

Can a body corporate reveal the criminal record of an employee to o...

Can the body corporate of a section title reveal to owners that an employee has a criminal record for a serious crime? This is a question we receive more often than would be expected from body corporates. So, what is the answer, can they, or can’t they reveal this information?

4 Aug 2023

Renewable energy tax incentives (By Steven Jones: Registered SARS t...

Government is encouraging investment in renewable energy but as always, there are caveats.

18 Jul 2023

Can a governing body refuse to issue a clearance certificate if bui...

In a reported High Court Case of South Africa, Gauteng, it was made clear that a governing body can’t refuse to issue a clearance certificate if building plans have not yet been approved and levies have been paid in full.

18 Jul 2023

Re-visit electronically signatures on signed offer to purchase. Can...

In the following reportable case in the High Court of South Africa, Gauteng Local Division, Johannesburg, case no: 12994/18 has made it clear that electronically signed agreement of sales are not valid and therefore not binding on the parties.

14 Apr 2023

Court case: Damp in house, dubbling & cracking paint hidden ve...

South Africa: North Gauteng High Court, Pretoria: Molatelo Maloka thought she had bought a dream home, but what she found was a damp, smelly house with sagging cupboards and bubbling and cracking paint.

30 Mar 2023

Building Plans: Walele v City of Cape Town and Other “reviewi...

Reported court case: CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 64/07 [2008] ZACC 11

30 Mar 2023

SELLING A PROPERTY WITH DEFECTS: WHAT YOU NEED TO KNOW (May 16, 202...

The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and the roof leaks. Is the Seller liable to repair the roof or the Purchaser, as the new owner?

30 Mar 2023

LANDLORD AND TENANT INSPECTIONS (September 19, 2022 (mhilaw))

The Rental Housing Amendment Act, section 4B (4) and (5) determines that the tenant and property owner must jointly, before the tenant moves into the dwelling, inspect the dwelling for any defect and damage. It further determines that the same procedure must be followed when the tenant vacates the p

24 Jan 2023

Sellers, beware - Certificate of occupancy (Okkupasiehuur sertifika...

Certificate of occupancy was always needed when a new development or new house was built and owners want to move in. The purpose of the Certificate of occupancy is to make certain that the residence and/or building has no defects and that all building work complies with building regulations, electri

28 Apr 2022

Do neighbours have a general right to be informed of or have access...

In the case of Walele v City of Cape Town and Others, the Constitutional Court address this question.

28 Apr 2022

CAN NEIGHBOURS INTERFERE WITH YOUR BUILDING PLANS? ((MHI Attorneys)...

Disputes between neighbours tend to ensue where an owner decides to build on or renovate their property and the neighbouring owner believes that such building works will have a detrimental effect on their property rights.

28 Apr 2022

Building Plan complaints (D. J. Boshoff, Spiral Sight Investments, ...

There are sometimes City Officials who have passed Building Plans thru the back door. There is no point in going back to Senior City Officials in these cases as this is where the problem lies.

17 Mar 2022

Not entitled to act on behalf of an Applicant & registration at...

South Africa: South Gauteng High Court, Johannesburg

17 Mar 2022

Declaring sale of property invalid & oral agreement (D.J. Bosho...

JUDGMENT : IN CASE NOs. 1184/16 AND 6620/16

17 Mar 2022

Double and Triple Dwellings in terms of the Spatial Planning and La...

SPLUMA) and By-Laws

6 Jul 2021

Is rental housing sector ready for new Act? (6 May 2021)

South Africa’s rental housing scene will see major change once the Rental Housing Amendment Act 35 of 2014 is gazetted into law, notably with more obligations on landlords and more rights for tenants.

4 Jul 2021

Buying or renting: Which is best? (MHI Attorney: March 10, 2021)

The property market was labelled a buyer’s market for most of 2020. Even though the year proved to be disastrous in many respects, many factors were beneficial for property buyers.

4 Jul 2021

‘Hidden’ costs at auction sales (Joff van Reenen, High ...

More distressed homes are being sold on auction today but read the fine print because standard costs, as well as terms and conditions of these sales, are often different from those of private properties that go under the hammer. Joff van Reenen, High Street Auctions director and lead auctioneer, exp

17 Jun 2021

REMINDER 2 - NB! NB! NB! POPIA LAW - SPIRAL SIGHT PROPERTIES PRIVAC...

My newsletter/article dated 28 May 2021 and 9 June 2021 has reference. POPIA states that from next month (1 July 2021) all direct marketing and related emails must be opt-in (Opt-in marketing is a form of permission marketing in which there is a formal opt-in process for receiving follow-up communi

9 Jun 2021

REMINDER 1 - NB! NB! NB! POPIA LAW - SPIRAL SIGHT PROPERTIES PRIVAC...

My newsletter/article dated 28 May 2021 has reference. POPIA states that from next month (1 July 2021) all direct marketing and related emails must be opt-in (Opt-in marketing is a form of permission marketing in which there is a formal opt-in process for receiving follow-up communication, offers,

28 May 2021

POPIA LAW - SPIRAL SIGHT PROPERTIES PRIVACY POLICY (OWNER-DJ BOSHOF...

Index 1. What type of information do we collect from you? 2. On what basis can we process your information? 3. What are we going to do with your information? 4. How long do we keep your data for? 5. Who do we share your information with? 6. Is your data secure? 7. Usernames and passwords 8. Unauthor

26 Feb 2021

Bouplanne en telefoon nommers - Plasing D.J. Boshoff, Spiral Sight ...

MEDIA RELEASE City advises on how to obtain copies of building plans

25 Feb 2021

Neighbour law – duty of lateral support – owed to land ...

Court Case (Western Cape Division of the High Court, Cape Town (Bozalek J sitting as court of first instance) Case No: 1055/2018: Summary:Neighbour law – duty of lateral support – owed to land and buildings on it – English principle of lateral support, although influential, not part of our law.

25 Feb 2021

Estate Agent – entitlement to claim commission if they do hav...

Court Case (Western Cape Division of the High Court, Cape Town (D M Davis AJ sitting as court of first instance): Case No: 415/2019: Summary: Estate Agent – entitlement to claim commission – application of ss 34A and 26 of the Estate Agency Affairs Act 112 of 1976 – whether estate agent in possessio

25 Feb 2021

Contract – validity of – agreement that the rental and ...

Court Case (Western Cape Division of the High Court, Cape Town (Davis J sitting as court of first instance) Case no: 1318/2018: Summary: Contract – validity of – agreement that the rental and costs shall be mutually agreed upon in writing between the landlord and the tenant when the right of renewal

25 Feb 2021

Right of Extension as defined in the deed of sale between the appli...

Court Case (IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISON, PRETORIA, CASE NO: 22327/2018: In this application the applicant seeks to give effect to the applicant’s Right of Extension as defined in the deed of sale between the applicant and the seventh respondent.

7 Nov 2020

No FFC no commission not always the case (Romy Tarboton, principal ...

Estate agents are now entitled to commission if they are forced to trade without a valid Fidelity Fund Certificate (FFC) due to negligence or reluctance to comply on the side of the Estate Agency Affairs Board (EAAB) rules Supreme Court of Appeal.

7 Nov 2020

Must commission be paid if tenants default? (16 July 2020: Marlon S...

It happens often that tenants may default on their rental, even more so in the past few months in the aftermath of the COVID-19 pandemic and ensuing lockdown. The question that is often asked is, if landlord is losing out on income, is the agent entitled to full commission?

23 Mar 2020

Mandates explained (Property Power • Sep 18, 2015 )

A Mandate is an instruction or authority from a client to an estate agent, to render a particular estate agency service.

21 Mar 2020

Atlantic Beach Homeowners Association NPC v The Estate Agency Affai...

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT In the matter between: ATLANTIC BEACH HOMEOWNERS ASSOCIATION NPC FIRST APPELLANT HARRY WHITE SECOND APPELLANT ELMARIE CAMPBELL REAL ESTATE (PTY) LTD THIRD APPELLANT ELMARIE CAMPBELL FOURTH APPELLANT and THE ESTATE AGENCY AFFAIRS BOARD RESPONDENT Neutral citation: Atlantic Beach Homeowners Association NPC v The Estate Agency Affairs Board (978/2018) ZASCA 112 (16 September 2019) Coram: Navsa, Wallis, Mbha and Dambuza and Van Der Merwe JJA Heard: 15 August 2019 Delivered: 16 September 2019 Summary: Estate Agents – whether the first and second appellants operated as estate agents in terms of the Estate Agency Affairs Act 112 of 1976 – court held that by concluding and implementing a property partner agreement the first and second appellants did not hold themselves out or advertise themselves as estate agents – appeal upheld with costs.

21 Mar 2020

Multi-billion class action suit launched against SA banks over home...

JOHANNESBURG - The Lungelo Lethu Human Rights Foundation along with hundreds of their clients have launched a class action suit against South African banks on Wednesday in the Johannesburg High Court.

13 Nov 2019

Sellers Beware Private Sale Could Still Mean Agent Commission (AMC ...

A seller is contacted by a purchaser who, upon seeing the seller's property advertised on Property 24 through an agency, wants to make a private offer, excluding the agency from the deal.

6 Jul 2019

What you need to know about property and capital gains tax (Craig H...

You’ve sold an investment property at a great price and it calls for celebration. Taxpayers including individuals, trusts, companies and close corporations, will be taxed on the gains made from the sale of a property.

11 Jun 2019

Voetstoots clause: IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL...

REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL DIVISION, JOHANNESBURG) APPEAL CASE NO.: A3104/2015 CASE NO. A QUO: 48763/2012 In the matter between:- VAN ROOYEN, EMMERENTIA APPELLANT (DEFENDANT –COURT A QUO) AND BROWN, DAMON JAY FIRST RESPONDENT (FIRST PLANTIFF –COURT A QUO) BROWN, JENNA CATHLEEN SECOND RESPONDENT (SECOND PLAINTIFF- COURT A QUO) JUDGMENT

11 Jun 2019

Solar PV system registration deadline moved to 31 May 2019 (Placed ...

Solar PV system registration deadline moved to 31 May 2019 Summary • The registration date for solar photovoltaic (PV) systems has been moved from 28 February 2019 to 31 May 2019 to give residents more time • The City of Cape Town has also been working hard to simplify the registration process for residents with easy online pre-registration, updated registration forms with guidance included • There is no charge for the registration of solar PV systems. A fee will only be applied for failure to register the system by 31 May 2019 • The registration tells the City where a system is connected and confirms the quality of the installation so that staff and contractors are not electrocuted when working on the network • Draft national legislation indicates that formal registration of small-scale embedded generation (SSEG) systems will become mandatory

30 May 2019

Court case: "Decision whether to place a reserve price on the ...

GAUTENG LOCAL DIVISION, JOHANNESBURG In the applications of: Case number: 2018/00612 ABSA BANK LIMITED and DOKKIE KENNETH MOKEBE Case number: 2017/48091 ABSA BANK LIMITED and REASCAR LEBOGANG KOBE Case number: 2018/1459 ABSA BANK LIMITED and MALIBONGWE NOEL VOKWANI Case number: 2017/35579 THE STANDARD and ILLAN SAMSON COLOMBICK PAMELA EVLIN KIMBERG INVESTEC BANK LIMITED NATIONAL CREDIT REGULATOR SOCIO-ECONOMIC LEGAL AID SOUTH AFRICA LAW SOCIETY OF SOUTH AFRICA LUNGELO LETHU Coram: TSOKA Heard: 28 August 2018 Delivered: 12 September 2018 Summary: Foreclosure IN THE HIGH COURT OF SOUTH AFRICA Plaintiff /Applicant Defendant / Respondent Plaintiff /Applicant Defendant / Respondent Plaintiff / Applicant Defendant / Respondent BANK OF SOUTH AFRICA LIMITED Plaintiff / Applicant First Defendant / Respondent Second Defendant / Respondent First Amicus Curiae Second Amicus Curiae RIGHTS INSTITUTE OF SOUTH AFRICA Third Amicus Curiae Fourth Amicus Curiae Fifth Amicus Curiae HUMAN RIGHTS FOUNDATION Sixth Amicus Curiae ET PRETORIUS ET WEPENER JJ - The monetary judgment is part of the cause of action when execution against immovable property is concerned – the issues are intrinsically connected and must be brought in one proceeding and not piecemeal. All the facts should be placed before the court to sustain the relief sought. A failure to do so, disentitles a party to relief. When a court is appraised of all the facts, a decision whether to place a reserve price on the sale of a house that may be sold in execution, can be properly taken. Each matter will depend on its own facts.

30 May 2019

Court case: Judgment arises from issues attendant upon the le...

In the matter between: MPANGE, ZITHULELE AND 20 OTHERS Applicants And SITHOLE, MTHOKOZISI Respondent ________________________________________________________________________ JUDGEMENT

30 May 2019

The recent High Court decision of Van Rooyen v Brown and Another (A...

The recent High Court decision of Van Rooyen v Brown and Another (A3104/2015) [2018] ZAGPJHC 453 once again confirms that when it comes to selling your house, honesty is indeed the best policy.

Estate agents' perceptions in the first quarter of the year reveal a “stabilising” residential property market in South Africa, although still favouring buyers with a marginal rise in the percentage of sellers having to drop their asking price in order to sell.

6 May 2019

'Stabilising' SA property market but sellers have to drop their pri...

Estate agents' perceptions in the first quarter of the year reveal a “stabilising” residential property market in South Africa, although still favouring buyers with a marginal rise in the percentage of sellers having to drop their asking price in order to sell.

29 Mar 2019

D.J. BOSHOFF, SPIRAL SIGHT PROPERTIES (29 MARCH 2019) – COURT...

RAPPORTEERBAAR IN DIE HOOGEREGSHOF VAN SUID – AFRIKA (KAAP DIE GOEIE HOOP PROVINSIALE AFDELING) SAAK NO: 7488/04 In die saak tussen: LODEWIKUS JOHANNES DE KOCK Applikant and SALDANHABAAI MUNISIPALITEIT Eerste Respondent JOHANNES L J VAN RENSBURG Tweede Respondent KAREN J VAN RENSBURG Derde Respondent ________________________________________ UITSPRAAK GELEWER: 28 NOVEMBER 2006 ________________________________________

29 Mar 2019

Evicted tenants must be offered appropriate alternatives Lanice Ste...

Landlords have to provide tenants with an "equable solution".

29 Mar 2019

Court Case: Court rule in favour of estate agent for commission: Or...

IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION) CASE NO. EL 632/2009 ECD 2432/09 In the matter between ANNE ROSEMARIE CHAMBERS Plaintiff and THEODORE ERVINE BURGER Defendant JUDGMENT HARTLE, J 1. The plaintiff claims payment of estate agent’s commission in the sum of R542 640.00, based on an oral mandate given to her by the defendant to find a purchaser for his immovable property being farms 312 and 313 – generically referred to as “Weltreveden” – in the district of Queenstown. 2

18 Mar 2019

Hofsaak: Die hersiening en tersydestelling van die goedkeuring van ...

RAPPORTEERBAAR IN DIE HOOGEREGSHOF VAN SUID – AFRIKA (KAAP DIE GOEIE HOOP PROVINSIALE AFDELING) SAAK NO: 7488/04 In die saak tussen: LODEWIKUS JOHANNES DE KOCK Applikant and SALDANHABAAI MUNISIPALITEIT Eerste Respondent JOHANNES L J VAN RENSBURG Tweede Respondent KAREN J VAN RENSBURG Derde Respondent

18 Mar 2019

Extension of sections in sectional title schemes (Martin Bester:Man...

Owners wishing to extend their section need to apply to the body corporate for approval.

18 Mar 2019

5 REASONS WHY SELLERS SHOULD AVOID A PRIVATE SALE (PLACEMENT: PROPE...

Your knowledge and experience of the property transaction process is priceless and can’t be obtained with a few quick searches on Google.

18 Mar 2019

Pay off your home loan faster with these 5 tips (CEO of Greeff Chri...

“While making your scheduled home loan repayments will work, it is in your best interest to repay your bond ahead of schedule,” says CEO of Greeff Christie’s International Real Estate Mike Greeff. He says implementing steps to do so could shave a few years off your bond, as well as save you the added interest.

21 Sep 2018

Property Compliance Certificates (Article by Andrea Van Nelson, Att...

A compliance certificate is a document which provides the parties with an assurance that all required safety standards have been complied with. Some certificates are required under National Legislation such as electrical and electric fence, whereas others are required by Municipal By-Law such as the Plumbing Certificate required by the City of Cape Town.

21 Sep 2018

CAN TRUSTEES BAN YOUR PET IN A SECTIONAL TITLE SCHEME? (May 3, 2018...

Problems around the ownership of pets are common amongst owners of sectional title properties, but while laws may be imposed by the trustees of the homeowners’ associations, the requirement for a reasonable approach is entrenched in the very laws which govern how a sectional title scheme should be managed.

6 Jun 2018

5 REASONS WHY SELLERS SHOULD AVOID A PRIVATE SALE (PLACEMENT: PROPE...

Your knowledge and experience of the property transaction process is priceless and can’t be obtained with a few quick searches on Google.

6 Jun 2018

COURT DENIES RELIEF TO HOA AND ESTATE AGENCY (Property professional...

At the heart of the matter is whether through this partnership agreement and the subsequent marketing efforts of the Atlantic Beach Homeowners Association (HOA), the HOA’s conduct can be classified as that of acting as estate agents

16 May 2018

Court case: Swimming pools fence (DJ Boshoff - 16 May 2018)

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case No: 1326/2016 In the matter between: GEOFFREY STEDALL FIRST APPELLANT LINDA STEDALL SECOND APPELLANT and CLINT PATRICK ASPELING FIRST RESPONDENT MANUELA WALTRAUT URSULA SECOND RESPONDENT ASPELING NO Neutral citation: Stedall v Aspeling (1326/2016) [2017] ZASCA 172 (1December 2017) Coram: Cachalia, Leach, Petse and Mocumie JJA and Ploos van Amstel AJA Heard: 15 November 2017 Delivered: 1 December 2017

16 May 2018

Swimming pools, some more feedback regarding safety of swimming poo...

Part D4 of the National Building Regulations (“re¬gulations”) requires that an owner of any site which contains a swimming pool must ensure that access to such a swimming pool is controlled.

16 May 2018

How safe is your swimming pool? (Marike Stals, legal and compliance...

South African homeowners need to be aware of the legal and insurance implications of owning a swimming pool in light of the new legislation.

15 Feb 2018

Cape Town water crisis: Tenant and landlord responsibilities (Marlo...

Marlon Shevelew, Director of Marlon Shevelew and Associates Inc., a Cape Town Law firm specialising in rental property, contractual, consumer and company law writes about the Cape Town Water crisis and how Capetonians should keep an open-minded approach and work together in these dire times.

23 Jan 2018

What happens when a lease is cancelled early? (Sunell Afrika, renta...

In ideal rental situations, when a lease is signed the tenant will stay for the full duration of his lease without any complications and the landlord will uphold his obligations, creating a win-win situation for tenant and landlord.

23 Jan 2018

Get a home loan with these top tips (Giles Buswell, partner at Henw...

Banks, since the implementation of the National Credit Act in 2007, have used an electronic scoring system to assess those applying for finance. It relies on “checks and balances”, and there is no room for the personal opinion of a person vouching for the applicant to override the system.

23 Jan 2018

Essential guide to capital gains tax and selling property (Craig Hu...

Although we have all heard the word capital gains tax (CGT), there seems to be some grey area in understanding it.

23 Jan 2018

4 ways of buying property: Tax and legal implications (Adrian Gosle...

As it currently stands, there are four main ways in which a home can be bought in South Africa.

14 Nov 2017

Unregistered estate agents don’t qualify for commission (Marg...

If an estate agent didn’t have a Fidelity Fund Certificate, a valid license to operate when they sold or rented a property, legally they are not permitted to receive any remuneration for their services. More than this, they are not even allowed to operate as an estate agent, much less earn a living from the trade.

14 Nov 2017

Property scamsters becoming more sophisticated, protect yourself (J...

As technology improves, so does the level of property scams that do the rounds, and while every precaution seems to be taken, there will be yet another thing that fraudsters find to dupe people out of large sums of money.

14 Nov 2017

How to deal with disappearing tenants (Natalie Muller, Head of Rent...

In difficult economic times, many landlords rely on the rental income their tenants bring in - but what happens if that tenant suddenly decides to move out?

14 Nov 2017

Buying a property with a tenant? Know your rights (Bruce Swain, MD...

What happens if you find your ideal home, but the current owner has leased the property?

7 Nov 2017

What is and what is NOT covered by the Electric Fence Certificate? ...

Welcome to the fifth and final newsletter in our extremely popular “Certificates Explained” series. Spring day is upon us and yet another year is racing towards it's imminent conclusion, let's hope the warmer incoming summer weather brings with it the usual increase in activity in the property market. We have already covered the Plumbing, Electrical, Beetle and Gas Certificates in earlier articles, for those of you who missed them, they are still available on the below links. Electrical Certificates Explained. Plumbing Certificates Explained. Beetle Certificates Explained. Gas Certificates Explained. www.techno-group.co.za

7 Nov 2017

Why an insurer might reject your storm damage claim (Vera Nagtegaal...

The violent storms that have swept South Africa over the past weeks have left many people with one question on their minds: “I wonder if my insurance will cover the damage?”

7 Nov 2017

Why should you adhere to sectional title ‘appearance’ r...

Homes in community housing schemes such as estates and cluster home complexes are generally sold at a premium, so buyers in these schemes are often confused and annoyed to find that they don’t have much “freedom of choice” when it comes to the exterior appearance of their properties.

14 Sep 2017

The dangers of overpricing your home (Clare Putsman, director of At...

Although at various times, most of Cape Town’s real estate spokespeople have warned property sellers about the dangers of overpricing their homes, some continue to do this and, regrettably, certain agents sometimes accept the situation so as to get the mandate for themselves.

14 Sep 2017

Landlords or tenants: who is responsible for maintenance? (Natalie ...

There can be some confusion when it comes to who is responsible for which elements of maintenance on a rental property.

12 Sep 2017

Investing in buy-to-let property for beginners (Tony Clarke, Managi...

Correctly-managed buy-to-let properties can be one of the most attractive investment opportunities out there.

12 Sep 2017

Ins and outs of buying into a life rights retirement scheme (Arthur...

Not all retirees are able to enjoy their ‘golden years’, largely owing to a lack of adequate planning.

12 Sep 2017

Can’t pay your home loan? Here’s what to do (Bruce Swai...

For thousands of South Africans, buying a house or apartment is one of, if not the biggest, financial investment they’ll ever make.

30 Aug 2017

A BRIEF OVERVIEW OF THE APPLICATION OF THE PREVENTION OF ILLEGAL EV...

When does the PIE Act apply? PIE applies in respect of all land within South Africa (irrespective of the zoning of such land) which is unlawfully occupied for residential purposes (being buildings or structures that are used as dwellings and housing or shelter for human beings).

28 Jul 2017

Top 5 mistakes to avoid when moving house (Adrian Goslett, regional...

At least once in a lifetime, the majority of the population will move from one home to another. While some may have a reasonably pleasant experience with few hassles, others may never want to move again after going through it once.

28 Jul 2017

How Cape Town’s water restrictions affect tenants and landlor...

With the City of Cape Town implementing Level 4B water restrictions as of 1 July 2017, which has very stringent water usage requirements, landlords that are renting out units with gardens might have to reassess what the tenant is responsible for when it comes to looking after the property.

28 Jul 2017

Do boundary walls and fences affect your property's value? (Schalk ...

In today’s day and age, perimeter security is a major concern for most homeowners, but many overlook the importance of their boundary walls and fences when it’s time to sell.

28 Jul 2017

The truth and myths about real estate agents (Engel & Völk...

Years ago, selling property was considered a hobby or part-time job, and anyone was able to register and start selling, but in 2008 the industry underwent rapid change and being an agent is now a fully-fledged profession.

28 Jul 2017

What is and what is NOT covered by the Gas Certificate? (The Techno...

Explained” When is a Gas Certificate required? The rapidly increasing cost of electricity has resulted in a growth in popularity among many South African home-owners to utilize gas installations in their homes. According to the regulations that were introduced in 2009, all gas installations must have a Certificate of Conformity according to the Pressure Equipment Regulations that have been promulgated under the Occupation Health and Safety Act (No 85 of 1993).

It is sometimes believed that sellers must pay commission to agents, even if they don’t have a FFC (FIDELITY FUND CERTIFICATE).

21 Jul 2017

MUST BUYER OR SELLER PAY COMMSSION IF ETSTATE AGNENT DOESN’T ...

It is sometimes believed that sellers must pay commission to agents, even if they don’t have a FFC (FIDELITY FUND CERTIFICATE).

13 Jun 2017

Seller didn’t disclose he had a tenant - is property sale val...

A Property24 reader asks: A Property24 reader asks if an offer to purchase is still valid when the seller did not disclose that he had tenants till Dec 2017, paying far less than the bond repayment cost. Is an offer to purchase contract still valid if the seller did NOT disclose to the buyer that he had tenants who are residing on the property till December 2017, and paying a rental fee that is far below the bond repayment cost, prior to the contract being signed?

13 Jun 2017

Home loan tips for buying a second property (Tommy Nel, Head of Cre...

Whether you are planning to buy a second house to generate passive income or looking for bigger space for your growing family, there are a few factors to consider to avoid turning your good intentions into a costly setback.

13 Jun 2017

Foreigner's guide to buying property in South Africa (Craig Hutchis...

South Africa has millions of annual foreign visitors who purchase property once they experience our beautiful country and its people.

13 Jun 2017

Selling property: Tips for a ‘best-selling’ photo shoot...

How often have you browsed through property websites or apps and been mesmerised by a photograph so “incredibly awful” you can’t decide whether it was included as a joke or someone had a momentary psychotic breakdown?

25 Apr 2017

Landlords, protect your asset in a tougher economy (Natalie Muller,...

While getting the services of a managing agent means extra costs, it could also be the best way to protect yourself and your pocket.

25 Apr 2017

Buying property? 5 ‘red flags’ to look out for (Sandy G...

Buying a new home can be overwhelming, not least because for most of us it’s as much an emotional purchase as a financial transaction.

13 Apr 2017

What you need to know about home repossession (Gerhard Kotzé...

It is not a pleasant thought, but the fact is that many South African homeowners are struggling financially and worried about losing their homes.

13 Apr 2017

How new act affects adding and changing rules in sectional titles (...

Many in sectional title schemes might be wondering whether current rules being used by their schemes remain in force now that the Sectional Titles Schemes Management Act has come into effect.

13 Apr 2017

Electric fences 101: how to keep your home safe (Anchor South Afric...

You have to admit, the thought of having a large croc infested moat around your home is a little appealing. Even better, if that moat was electrified and couldn’t be penetrated by criminals. The next best thing? An electric fence.

13 Apr 2017

Is a candidate estate agent entitled to earn commission? This dispu...

South Africa: Eastern Cape High Court, Grahamstown Warren Jack Property Broker CC t/a Warren Jack Property Group and Another v Venter (CA 156/2011) [2012] ZAECGHC 59 (27 July 2012) IN THE HIGH COURT OF SOUTH AFRICA NOT REPORTABLE EASTERN CAPE, GRAHAMSTOWN Case No.: CA156/2011 Date Heard: 18 June 2012 Date Delivered: 27 July 2012 In the matter between: WARREN JACK PROPERTY BROKERS CC t/a WARREN JACK PROPERTY GROU...First Appellant (First Defendant a quo) BARRY WOOD …....................Second Appellant (Second Defendant a quo) and RODNEY DAVID VENTER …....Respondent/Cross-Appellant (Plaintiff a quo)

13 Apr 2017

CANCELLING A LEASE AGREEMENT EARLY (Melco Property Management : 14...

If you want to end your contract early, this can only be done “in situations where the Consumer Protection Act or Rental Housing Act apply” – or if there’s a clause in the contract that allows for early cancellation, or if both parties agree to it.

1 Mar 2017

Estate Agents – The Simple Mistake That Cost a 10% Commission...

There’s many a slip ‘twixt the cup and the lip (very wise old proverb)

8 Feb 2017

Sellers, the ‘voetstoots’ clause won’t protect yo...

One of South Africa’s largest conveyancing firms has issued a strong warning to property sellers not to rely on the “blind protection” of the ‘voetstoets’ clause if they don’t have approved building plans.

8 Feb 2017

What are a tenant’s rights when landlord sells property? (Jac...

Under South African law, a landlord is entitled to put their property up for sale at any time, but that doesn’t mean that tenant rights and obligations are automatically forfeited. Selling a rental with a tenant in residence isn’t always an ideal situation, but the laws and processes in place are designed to treat all parties as fairly as possible.

8 Feb 2017

What happens to your rental deposit? (Adrian Goslett, Regional Dire...

It is general practice in today’s rental market for landlords to request a deposit from their tenants before they move into a property.

8 Feb 2017

Levy increases and the new requirements for sectional titles (Mandi...

With most sectional title schemes nearing the end of their financial year (many run from the 1 March to the last day of February), the need arises to go through budgets very carefully for the year ahead and to determine the increase in levies with allowance given to the new requirements as set out in the Sectional Title Schemes Management Act, which came into effect on 7th October 2016.

8 Feb 2017

Any change to your home loan could trigger higher rates (Paragon Le...

Many investors and small business owners are being caught unawares when trying to access additional capital through their home loans. Not only is the age of the access bond over, but they may trigger changes which result in new, unattractive rates from their bank.

8 Feb 2017

Another issue with the new Sectional Titles Management Act (Mike Sp...

One of the requirements of the new Sectional Titles Management Act is that the Community Scheme Ombud Service (CSOS) has to pre-approve new rules.

8 Feb 2017

Best and worst home improvements to make in 2017 (Gerhard Kotz&eacu...

Most homeowners will make improvements or do renovations over time, but if you are hoping to get back everything you’ve spent on those projects when you sell your property, you should focus on keeping what you already have in really great condition rather than making more radical changes.

8 Feb 2017

6 points to consider before building your own home (Adrian Goslett,...

Instead of purchasing an existing property some buyers like the idea of buying a stand and building a home to their specifications.

8 Feb 2017

Buying property? Here’s how to deal with defects (Regional Di...

The Consumer Protection Act (CPA) was introduced to protect consumers engaged in commercial transactions with businesses to avoid the consumer being treated unfairly.

8 Feb 2017

YOUR NEIGHBOUR’S LEAKING BATHTUB SHOULD NOT BE YOUR PROBLEM I...

It is not uncommon to, at some point in your life, find yourself living in a sectional title scheme. Living in significantly closer proximity to your neighbours can mean fertile ground for disputes. At the very cusp of sectional title living is the responsibility on yourself or your landlord to take reasonable care of your unit so as to avoid being a nuisance to your neighbour and vice versa applies to your neighbour.In some cases efforts to resolve an issue with your neighbour or body corporate without formal or legal intervention leaves you high and dry and your bathroom moist (with mould and mildew accumulating by the day). Try as we may, certain matters are not within the scope of being resolved “neighbourly” or amicably, and it may further be aggravated by the fact that you are attempting to resolve an issue with an uncooperative neighbour or body corporate.

28 Nov 2016

The nuts and bolts of new sectional title legislation (Specialist C...

Many cash-strapped South Africans are already buckling under the pressure of spiralling consumer inflation and shrinking budgets, but scores of sectional title property owners are now also faced with hefty levy hikes if their body corporates haven’t made provision for the requirements of new legislation gazetted in October.

28 Nov 2016

First-time buyer? Here’s why you should get a prequalificatio...

The prospect of buying a home for the first time brings a mixture of excitement and anxiety. The long hours of trawling property websites and newspaper supplements in search of your dream home are coupled with the angst over establishing what price range suits your pocket.

28 Nov 2016

Good news for home buyers: historic debt ruling declared invalid (B...

The Gauteng High Court has ruled that new homeowners cannot be held liable for the ‘historic debt’ owed to municipalities by previous owners.

10 Nov 2016

New sectional title legislation: 9 changes to know about (Michael B...

The Sectional Title Schemes Management Act (STSMA) and Community Services Ombuds Service Act (CSOSA) have been signed by the Minister of Human Settlements and the President has signed the Proclamation Notice for these Acts.

10 Nov 2016

Concourt rules in favour of home owner in arrears (SAPA: 11 April 2...

Court says only a judge and not a high court registrar could decide if a bank could sell a person's home in execution.

10 Nov 2016

Can I change my tenant’s locks? (BDP ATTORNEYS 08 March 2016)

“I’ve been leasing a small townhouse to a young tenant. Unfortunately, the tenant is terrible at paying his rent and offers excuse after excuse. I’m fed up with the situation and just want him out. Can I change the locks when he is at work?”

10 Nov 2016

Buying property from a company or close corporation (Leon Breytenba...

When purchasing a property from a company or close corporation (CC), it is essential to ascertain whether the selling entity is currently registered with the Companies and Intellectual Properties commission (CIPC), previously known as CIPRO.

10 Nov 2016

Body corporate tax compliance must-knows (Michael Bauer, general ma...

While, according to the Income Tax Act Section 10(1)(e), bodies corporate are exempt from paying income tax, body corporate tax compliance has become problematic in some instances.

25 Oct 2016

Why you must work with a certified estate agent (Stoffel Janse van ...

Property consumers need to become more aware of the dangers of doing business with unqualified and uncertified estate agents.

25 Oct 2016

Can I cancel my offer to purchase? (Jansen Snyman, Founding Directo...

The transfer of immovable property is governed and regulated by South African legislation in order to protect all parties to the transaction.

25 Oct 2016

4 strategies to ease the stress of finding your dream home (Adrian ...

Finding the right home may sound like an easy process, but many buyers don’t realise that it can take more time and effort than they initially expected, especially if it’s not handled in the correct manner.

5 Oct 2016

Who Is Liable for Levies When a Unit Is Sold? (Mandi Hanekom, opera...

When a sectional title unit is sold, the pro rata ordinary or general levies for the period remaining of the current financial year automatically becomes the responsibility of the new owner, according to the Sectional Titles Act.

5 Oct 2016

When Are Sectional Title Levies Really Due? (Michael Bauer, general...

Owners of units in sectional title schemes might think their levy account payment is only due by the 7th of each month, but the plain truth is payments of levy accounts are due on the 1st day of each month, payable in advance as resolved by the trustees.

5 Oct 2016

Unapproved Building Could Cost You (Supreme Court of Appeal: 13 Sep...

The Supreme Court of Appeal recently ruled that courts do not have a discretion to grant a demolition order unless an individual can prove that they cannot afford or access any other form of housing in terms of section 26 (3) of the Constitution.

5 Oct 2016

The Risks Of Unapproved Building Plans (Bill Rawson of the Rawson P...

Estate agents and home buyers should be aware of the perils of buying a property where alterations and additions have not been approved by the local municipality.

5 Oct 2016

Stress-free Solutions to Downsizing (Jan Davel, MD of Realnet: 30 A...

Moving house is notorious for being one of the most stressful experiences in life, and moving to a smaller home or downsizing can be even more challenging because it usually means parting with many items that were carefully chosen to furnish and decorate your existing home and have a lot of sentimental value.

5 Oct 2016

South African Home Buyers Are Under Pressure (Richard Gray, Harcour...

South African property buyers are under strain from an adverse economic environment, recently published research shows. This is having an impact on their financial security - not least their ability to service their home loans.

5 Oct 2016

Selling? A Quick and Easy Guide to Capital Gains Tax (Jansen Snyman...

At first glance, Capital Gains Tax (CGT) may seem like yet another thing to worry about when completing a tax return, but it needn’t cause confusion.

26 Sep 2016

Landlords - What Is the Right Security Deposit Amount? (Grant Rea, ...

The security deposit that landlords request from a tenant secures the protection of their rental investment. Therefore, it is vital to ensure that the deposit sum is considerable enough to cover the rental property.

26 Sep 2016

Illegal Buildings Will Be Demolished (Bill Rawson, chairman of the ...

South African homeowners are warned against erecting buildings and illegal structures for which the plans have not been officially approved.

26 Sep 2016

Selling Your Home? Get Your Building Plans in Order (Carol Reynolds...

Buying property is exciting, but it can be a stressful experience for the parties if there is an issue with the building plans during the transfer process of the transaction.

26 Sep 2016

Courts Can Override Building Plans (Lanice Steward, managing direct...

Whether it be erecting a new building, making additions or swaying from the original plan of a house there might be a temptation to think you don’t have to abide by municipal rules.

26 Sep 2016

Buyers Must Check Building Compliance (Wayne Albutt, the Rawson Pro...

The best advice that can be given to a prospective buyer of a residential property is to first check that the dwelling is built in accordance with the approved municipal plans.

26 Sep 2016

Beetle Clause, What You Should Know? (The South African Pest Contro...

The South African Pest Control Association (SAPCA) has introduced a full disclosure approach to wood borer clearance certificates.

1 Sep 2016

5 Insider Tips to Sell Your Home Fast At the Best Price (Bianca Arn...

Homes that create pleasant impressions that appeal to a buyer’s sensory perceptions definitely have the edge on their competition

1 Sep 2016

5 Top Tips to Sell Your Home This Spring (Adrian Goslett, Regional ...

As spring starts and the temperatures begin to heat up, more and more buyers will be venturing out to look for their ideal home.

1 Sep 2016

Rent-to-own Property - How Does It Work? (Barry Fourie, Regional Sa...

In certain market conditions, when banks are tight on credit, the knock-on effect this has on property affordability can see many buyers unable to purchase a home in the traditional way. In these situations, creative solutions like rent-to-own become an attractive option

12 Aug 2016

Building owners beware (Sandy Walsh: 25 March 2011)

SA courts tend to support public liability claims

21 Jul 2016

Why Paying Your Sectional Title Levy Really Matters (Willem le Roux...

Owners of units in sectional title schemes might not see their levy account as a priority - but as this is actually the lifeblood of any body corporate, a person who withholds their levies for any reason is doing the body corporate harm.

7 Jul 2016

Tenants and Landlords: Beware Hazard Of Damp and Mould (Michelle Di...

Bricks and mortar provide us with protection from an increasingly harsh environment. But what if your haven of safety, your home, could unknowingly be causing you harm?

7 Jul 2016

Should You Buy or Sell First? Get Tips (Bruce Swain, MD of Leapfrog...

Anyone who’s ever bought or sold a property knows it takes time - at the moment correctly-priced properties in South Africa spend an average of three to five months on the market, according to a recent Lightstone Property Residential Mortgage Market Overview, and once sold it takes about another three months for the transfer to go through.

7 Jul 2016

Landlords & Tenants: Why Property Inspections Are Vital (Grant ...

When it comes to renting out a property, a home inspection is vital to ensure that the interests of both the landlord and tenant are protected.

7 Jul 2016

How to Speed Up Your Property Sale (Tony Clarke, Managing Director ...

Selling a home can feel like a bit of a balancing act – getting the right price at the right time isn’t always easy.

7 Jul 2016

How to Choose a Home That Will Meet Your Future Needs(Adrian Goslet...

Making the decision to purchase a property is very exciting, but it is important to understand that it is a major financial commitment that should not be entered into without the proper consideration.

7 Jul 2016

Enclosing Patios in a Sectional Title Property Scheme ((Michael Bau...

There is often discussion and debate on the issue of the enclosure of patios or balconies in sectional title schemes and whether they become part of the section of the owner - in which case their participation quota (PQ) will be higher - or whether it remains part of the common property, but for the owner’s exclusive use.

23 Jun 2016

Buying or Selling? Here’s How to Read the Market (Wendy Willi...

Buying or selling? Here’s how to read the market

23 Jun 2016

10 Tips for Choosing the Right Investment Property (Paul Stevens, C...

Selecting the right properties is fundamental to your property investment success.

23 Jun 2016

6 Steps That Will Prevent Property Transfer Delays (Paul Stevens, C...

Conveyancers, the Deeds office or the city council are often blamed for the delays in transferring properties.

3 Jun 2016

Blue Moonlight Properties 39 (Pty) Ltd v Occupiers of Saratoga Aven...

Private eviction - Berea - City of Johannesburg - alternative accommodation - Constitutional Court Tweethttp://www.saflii.org/za/cases/ZAGPJHC/2010/3.pdf

21 May 2016

Selling Your Home? Make Sure You Don’t Pay Two Commissions (J...

If, when selling your home, you find that you are losing faith in the estate agent with whom you are dealing, be very careful indeed about how you break off relations with the agent or the way in which you continue to operate with him or her.

21 May 2016

Property Value: Does Garden Design and Size Matter? (Lew Geffen Sot...

Having more space is often a primary motivator when people choose to buy a new home, and the quality of the outdoor environment is as important as the indoor environment if sellers want to maximise their return on investment.

21 May 2016

What Buyers Need to Know About Building Plans (Charles Haigh, Broke...

An illegal extension on a property can put the home buyer in a potentially tricky situation.

21 May 2016

Buying Property: Occupational Rent and Your Rights (Bill Rawson, Ch...

The payment of occupational rent is a standard clause in almost every property sales contract, and yet it is also one of the more common causes of contention between buyers and sellers. Confusion abounds over who is responsible for what, and when these payments should come into play, and disagreements over the details can and have caused many a sale to fall through.

21 May 2016

Top 3 Property Investment Mistakes You Need to Avoid (Adrian Goslet...

Investing in property is much like running any other business, in that it requires research, conscientiousness and an acute attention to detail.

21 May 2016

Selling Deceased Estate Property Must-knows (Laurance van Blerck of...

It is well known that in South Africa the sale of property must be recorded in a written contract and must be signed by the purchaser and seller. The sale of a property out of a deceased estate is, however, more complex.

21 May 2016

Electrical Compliance Certificate, Cape Town. What is involved and ...

Welcome to our second newsletter of 2016, our first newsletter explaining what is and what is not involved in the Plumbing Certificate received incredible response. (If you missed it, it’s still available, just follow the link to Plumbing Certificate Explained.)

27 Feb 2016

SUPREME COURT OF APPEAL RULING: City of Tshwane Metropolitan Munici...

The ruling contained in the Supreme Court of Appeal (“SCA”) case of City of Tshwane Metropolitan Municipality v Mitchell confirms the position that a municipality can perfect its security over a property in order to settle the debt owed by previous owners of the property as long as it has complied with its own by-laws.

27 Feb 2016

MORE ALLEGED THEFTS AT SHOW HOUSES (Dirk Boshoff, CEO Spiral Sight ...

I have posted articles some time ago about “clients” that go to show houses and steeling the owner’s belongings. Beware of this, all agents and clients; this can happen to you if you don’t take precautions. Below a new trench taking place for all relevant parties concerned in the property industry from the IEASA Western Cape.

15 Feb 2016

Why Property Will Still Be a Safe Haven in 2016 (Bill Rawson, chair...

Amid extreme stock market volatility, political upheavals and plummeting oil and commodity prices, private investors - big and small - are finding a safe haven in property, and this bodes well for the real estate market in 2016.

27 Jan 2016

The Techno Property News. (The Cape Town Plumbing Certificate, what...

Certain certificates have been a requirement for many years already in Cape Town, with others being a more recent addition.

12 Jan 2016

PROPERTY SELLERS: JUST HOW FAR DOES YOUR DUTY TO DISCLOSE GO? (Mil...

“Where a seller recklessly tells half-truths or knows the facts, but does not reveal them because he or she has not bothered to consider the significance, this may also amount to fraud” (extract from judgment below)

7 Jan 2016

Claim for damages against property owner, building contractor and h...

Summary: Claim for damages against property owner, building contractor and his sub-contractor ─ based on negligence ─ principles applied ─ whether failure to comply with statutory obligation under s 4(1) read with s 7 of National Building Regulations and Building Standards Act 103 of 1977 is evidence of negligence.

29 Dec 2015

Financial Constraints Could Prioritise Homeownership (John Smyth, C...

The pressure that for some two years now has been felt by the South African consumer, although regrettable, could be having a beneficial effect in one respect: it could be making the consumer less susceptible to frivolous unnecessary expenditure and possibly, therefore, more focused on the purchase of appreciating assets, particularly homes, that will see them through the current low growth phase in the South African economy.

29 Dec 2015

Stock Shortages Hindering Property Buyers (CEO of Tyson Properties:...

Signs the market may have shifted in the sellers’ favour are coming to the fore with a shortage of stock overtaking the difficulty in obtaining finance as the key problem facing potential homeowners.

17 Nov 2015

SA property market outlook for 2016 (Dr Andrew Golding, chief execu...

While residential property markets are, by their very nature, local - as they are not traded on global markets like commodities, currencies and equities - all real estate markets are influenced by global forces which ultimately shape their long-term prospects.

13 Oct 2015

SA’s residential property sales drop 7.1% (estate agency Home...

The slowing economy is starting to bite into the residential property market with sales and transfers dropping 7.1% in the third quarter of 2015 compared to the previous quarter.

29 Sep 2015

Is SA’s economy discouraging property buyers? (Tony Clarke, M...

Why is it that, although estate agents throughout South Africa repeatedly report that the vast majority of people with whom they deal genuinely aspire to become homeowners, in reality, less than 35% are likely to realise their ambitions within the next ten years?

28 Sep 2015

BUYING AND SELLING PROPERTY: THE BOND CLAUSE BLUES, AND HOW TO BEAT...

“Men keep agreements when it is to the advantage of neither to break them” (Solon, Athenian lawgiver c. 638 BC - 559 BC)

23 Sep 2015

THE SUPREME COURT OF APPEALOF SOUTH AFRICA (Case No: 883/2011 In th...

Summary: Conveyancing attorney ─ transfer delayed due to conveyancer’s negligence ─ conveyancer liable for damages suffered by seller of property due to the delay.

23 Sep 2015

Are SA house prices about to plateau? (Wayne Albutt, the Rawson Pro...

There are now many signs indicating that in the metro areas, a stalemate situation between sellers and buyers could become evident before the end of this year.

22 Sep 2015

SHOULD I BUY MY PROPERTY IN MY NAME OR IN A CC, COMPANY OR TRUST (D...

A Company or Close Corporation has the following disadvantages in regard to the payment of tax when it sells a property:- 1. The Capital Gains Tax (CGT) is calculated at a rate of 18,6% of the capital gain; 2. In addition, the shareholders or members shall pay Dividends Tax of 15% when receiving a dividend i.e. this tax is payable when the net profit is distributed to the shareholders or members; 3. The R2,000,000 exemption in respect of Capital Gains Tax is not applicable even if the property is the "primary residence" of the shareholders or members.

22 Sep 2015

The decision of the Supreme Court of Appeal in Banda v Van der Spuy...

A seller's liability for latent defects and the effect of a voetstoots clause

7 Sep 2015

CAUTION – AMENDMENTS TO EXISTING CONTRACTS BY MEANS OF ELECTR...

The recent judgment by the Supreme Court of Appeal in Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash and another [2015] JOL 32555 (SCA) has had far reaching consequences as regards the variation of contracts by means of an exchange of email correspondence. A common clause which is contained in contracts is the non-variation clause, which clause provides that the agreement may not be varied unless agreed to and signed by the parties in writing. This clause is included to assist in promoting contractual certainty in respect of the specific terms and conditions agreed to between parties in relation to a specific or continuing transaction between the parties.

20 Aug 2015

COMPLIANCE CERTIFICATES IN RESPECT OF GAS INSTALLATIONS (N E W S F ...

On the 15th July 2009 new regulations in terms of the Occupational Health and Safety Act of 1993 were published governing "Pressure Equipment Regulations". In terms of the same there is now a duty on the homeowner to hold an external inspection and leak test after the installation or reinstallation and before the commissioning of a gas system. The same can only be done by authorized persons who must issue a certificate of conformity after the completion of a gas installation, modification, alteration or change of user or ownership. It is therefore probably safer to now include the following clause in the standard agreement of sale:-

20 Aug 2015

BOUNDARY WARS: WHAT TO DO WITH AN ENCROACHING NEIGHBOUR (Miltons Ma...

“Good fences make good neighbours” (wise old proverb)

6 Aug 2015

INSTALLMENT SALE AGREEMENTS CHAPTER II OF THE ALIENATION OF LAND AC...

NOTE! IT IS STRONGLY ADVISED THAT YOU CONTACT AN ATTORNEY OR CONVEYANCER SPECIALISING IN THE SALE OF IMMOVABLE PROPERTY AND RELATED TRANSACTIONS SUCH AS DYKES VAN HEERDEN INCORPORATED SITUATED IN YOUR AREA, FOR ASSISTANCE AND ADVICE REGARDING EACH AND EVERY INSTALLMENT SALE AGREEMENT CONSIDERRED BY PROSPECTIVE CLIENTS AS THE INFORMATION CONTAINED HEREIN IS INTENDED AS A GENERAL GUIDELINE AS TO THE INFORMATION REQUIRED TO DRAW AN INSTALLMENT SALE AGREEMENT TOGETHER WITH A VERY BRIEF EXPLANATION AS TO THE CONCEPT IN LAW.

4 Aug 2015

Is SA's property market in a downswing? (Neville Berkowitz, propert...

Monthly home sales transferred in the various Deeds Offices throughout South Africa are averaging 22 640 for the first six months of 2015 compared to the monthly average of 24 140 homes transferred during 2014, reflecting a drop of 6.2%.

4 Aug 2015

VAT or transfer duty: who pays what and when? (Tony Clarke, Managin...

We’ve all driven past those billboards showcasing a glitzy new apartment block or housing development proclaiming in big, bold letters: “No Transfer Duty”.

4 Aug 2015

I bought a unit with illegal alterations - what to do? (Carryn Durh...

A Property24 reader asks: A Property24 reader says he bought a unit and was later informed that the veranda had been illegally extended, but now he is expected to pay the costs to legalise it.

30 Jul 2015

property sales - Verbal agreements are binding (Dirk Boshoff, CEO, ...

Are verbal agreements are binding, this court case will guide you.

30 Jul 2015

2 eiendomme en aanbouing 3 verdiepings terug gerapporteerde hofsaak...

Dit is belangrik om seker te maak of 'n mens mag aanbou, hoër gaan voor jy begin met beplanning.

24 Jul 2015

Defect found after voetstoots sale: what can I do? (John Graham is ...

A Property24 reader asks: In 2015 I bought a property ‘voetstoots’. On accepting this offer, the seller said that, to his knowledge, the property had no known latent defects.

24 Jul 2015

Building a new house is more expensive in 2015 (Jacques du Toit, Pr...

The building cost of new housing constructed averaged R5 908 per square metre in the period January to April this year, resulting in an increase of 3.2% year-on-year (y/y) on the building cost of R5 724 per square metre in the corresponding period last year.

7 Jul 2015

Some Interesting Advice on Selling a Home, Quickly (The Techno Prop...

While performing our research for this article we came across many logical, sound and well known tips on how to sell a home quickly, but to our amazement we also came across some interesting possibly contentious, definitely risky, advice.

23 Jun 2015

Consumer protection & buying property in SA (John Graham is the...

Last year the Department of Human Settlements and its subsidiary, the Estate Agency Affairs Board (EAAB), were hard at work on the new Property Practitioners Bill (PPB), which is planned to accomplish the following:

23 Jun 2015

First-timers need less cash to buy property (BetterLife CEO, Shaun ...

First-time home buyers are still working hard to get into the property market, and as a result, they currently account for more than 40% of all home loan grants, according to the latest statistics from bond originator, BetterLife Home Loans.

11 Jun 2015

Property defects after transfer - who’s responsible? (Wayne A...

One of the things that estate agents in all price categories find very difficult to handle is those situations in which, after taking transfer and moving into a home, the buyer finds something wrong with the home.

11 Jun 2015

Levy clearance certificate need-to-knows (Anton Kelly: 08 Jun 2015)

The body corporate’s power to prevent the transfer of a unit if the selling owner owes any money to the body corporate, is contained in section Section 15B(3)(a)(i)(aa) of the Sectional Titles Act, 95 of 1986 (the Act).

11 Jun 2015

How to stop SA home buyers from being cheated (EAAB, JUNE 2015)

The publication of the new Property Practitioners’ Bill has been delayed. John Graham founder of HouseCheck and principal of SAHITA asks “why” and points out that the absence of this law compromises the consumer protection of all South African home buyers. Graham writes:

6 Jun 2015

First-time buyers unaware of housing subsidy (Mike van Alphen, Nati...

Although it was introduced by the Department of Human Settlements more than three years ago, the FLISP housing subsidy programme has hardly been used at all, with only about 2 000 subsidies having been granted to date.

6 Jun 2015

LANDLORDS: CAN YOU SWITCH OFF YOUR DEFAULTING TENANT’S LIGHTS...

Your tenant isn’t paying rent and refuses to move out – can you turn the electricity off? First - commercial or residential?

6 Jun 2015

SELLING A BUSINESS WITH GOODWILL: BEWARE THIS IMPLIED PROHIBITION (...

When you sell a business including its “goodwill”, you will likely be prevented from opening up in competition with your old business by a “restraint of trade clause” in the sale agreement.

6 Jun 2015

RENTING IN A COMPLEX? READ THE RULES! ((by Miltons Matsemela Inc At...

“….. parties are free to contract as they please. The law permits perfect freedom of contract. Parties are left to make their own agreements, and whatever the agreements are, the law will enforce them provided they contain nothing illegal or immoral or against public policy” (extract from judgment below)

3 Jun 2015

Kan titelvoorwaardes van ‘n huiseienaarsvereniging die verkoo...

Jy het eiendom in ‘n sekuriteitslandgoed gekoop wat bestuur word deur ‘n Huiseienaarsvereniging (HV). Die eiendom was duur maar in jou gedagtes was dit ‘n belegging in jou toekoms. Persoonlike finansiële beperkinge het egter veroorsaak dat jy nie net agter geraak het met jou heffings nie, maar nou ook oorweeg om die eiendom te verkoop. Jy kan moontlik insolvensie in die gesig staar. Maar kan die eiendom verkoop word sonder dat jy die uitstaande heffings vereffen?

3 Jun 2015

Business rescue proceedings and sureties (BDP Attorneys:12 January ...

Your family company bought a new commercial property with a view to expanding the business. The bank insisted on the family shareholders providing personal sureties for the financing afforded to the business to buy the property. Without hesitation, the sureties were provided as business was looking up and the property was needed. Then the recession hit, and to avoid foreclosure by the bank your company was placed under business rescue. But now the bank is coming after you as surety despite the company being placed under business rescue. Can they do this?

3 Jun 2015

Is your home a good investment? (Steven Barker, Head of Home Loans ...

For many, owning a home is the cornerstone of wealth creation and something we all aim for when we start earning a stable income. While a home is an appreciating asset, it is not necessarily an investment that will provide a nest egg for retirement.

3 Jun 2015

SA property less affordable for first-time buyers (Mike van Alphen,...

Getting a foot on the residential property ladder has never been easy, and according to the latest ABSA Housing Review for the second quarter of 2015, it’s only likely to get harder over the course of the year.

1 Jun 2015

“THINK BEFORE YOU SPEAK, THINK TWICE BEFORE YOU WRITE, THINK ...

Gone are the days of relying on smoke signals, pigeons and letters to communicate. Ever changing and ever expanding technology has made the world a very small place, especially with the advent of social media. With over a billion users, Facebook has become a powerful place. Social media has also created a platform for the unhappy and has therefore made it much easier to cause extensive harm.

26 May 2015

Voetstoots Clause: Some more info on this subject and also referred...

A voetstoots clause does not protect a seller from liability for latent defects that were known to him and were not disclosed to the purchaser

26 May 2015

Tips for Selling your Second Property (Posted by PropertyJunction C...

Selling your Holiday Home For those who own a second property or holiday home, they will know that it represents years of pipe dreaming, carefully planning and a desire to better one’s life. It is for this reason that selling a holiday home might be a greater challenge, but could also be a far more rewarding endeavour.

26 May 2015

Is it Time to Sell? (Posted by PropertyJunction Company 14/05/2015:...

It’s time to sell “Greater numbers of buyers are showing the necessary affordability levels to purchase property, however in several areas there are just not properties available to them. There is currently a backlog of buyers waiting for property, which means that when homes do go on the market they are snapped up in no time. In the current market, sellers are now in the driving seat when it comes to negotiations. Although, that said, deciding to sell is still a big decision which needs to be weighed up carefully, taking into consideration several aspects such as lifestyle and finances.” -Adrian Goslett, RE/MAX, CEO

14 May 2015

There is legal recourse for landlords (Prop 24: 11 May 2015)

On Tuesday, 14 April 2015, the Western Cape High Court found in favour of a landlord who was owed in excess of R300 000 by a tenant due to the non-payment of electricity bills.

14 May 2015

Take an Interest – Find the Right Rate ( PropertyJunction Com...

Many people are hesitant to invest in a home that sits above R50 000 over the market value, even when the property market has less demand than supply.

14 May 2015

The Contract is silent as to the duration…Is there a way out...

The contract is signed, the deal made, the future is bright…! Who really cares about how long the contract must run? A few months later the deal is over, the relationship soured, the future bleak… But the contract is silent as to the duration. Does this spell eternal damnation at the behest of a contract that does not allow for an exit or can a contract which has no express duration clause be terminated?

14 May 2015

Certificates of Compliance Explained. (The Techno Group 2015/05/05)

Certificates of Compliance Explained. The seller is generally responsible for providing the buyer of their property with Valid Certificates of Compliance. Some of these certificates have been a requirement for many years already, but some new ones have been added more recently.

9 May 2015

WHEN CIPC DEREGISTERS YOUR COMPANY ….. (Miltons Matsemela In...

If, for whatever reason, the Companies and Intellectual Property Commission (CIPC) did not receive your company (or CC)’s annual return on due date, it will assume that the company is inactive and will start the deregistration process – the legal effect of which is that the company ceases to exist.

9 May 2015

YOUR HOUSE IN A FAMILY TRUST – WHAT HAPPENS TO IT ON DIVORCE?...

“….. trust assets held by a trustee in trust, do not form part of the personal property of such trustee as a matter of law” (extract from judgment below)

12 Apr 2015

Is your Landlord responsible for your safety? (BDP Attorneys, 12 Ja...

Jennifer was very excited to move into a larger rental apartment from the small flatlet she had been occupying. She gave notice, signed the lease and had already moved in when she heard from a neighbour that there had been numerous housebreakings at the property. This fact had not been disclosed by the landlord who had in fact alleged to Jennifer that there had never been an incident at the property. After hearing about the housebreakings Jennifer confronted her landlord who agreed that he would make certain security improvements to the property. A month later, after the landlord had failed to make any of the promised improvements, the property was broken into. To what extent is Jennifer’s landlord responsible for her safety and security at the rental property?

12 Apr 2015

No further improvement for SA (John Loos, household and property se...

While activity in the South African residential property market remains at a healthy level, estate agents are pointing to a lack of further growth in a market that is "starting to move more broadly sideways".

27 Mar 2015

IEASA has been asked to send circulate notification about alleged &...

The Institute of Estate Agents, Western Cape, would like to warn all property professionals to remain vigilant while sitting their show houses in the Peninsula over weekend.

12 Mar 2015

Housing demand continues to increase (Shaun Rademeyer from BetterBo...

According to the latest statistics from BetterBond Home Loans, the demand for residential property continues to hold up well despite the current slow rate of economic growth in South Africa.

5 Mar 2015

Dealing with estate agent’s commission (Lanice Steward, manag...

Over the years, many systems have been developed to enable sellers to list and sell their properties in their private capacities, thereby excluding agents from earning commission.

2 Mar 2015

No transfer duty for property below R750k (Finance Minister Nhlanhl...

While the tax proposals regime announced in the 2015 National Budget signalled difficult times ahead, Finance Minister Nhlanhla Nene also announced new tax breaks that will ease the burden on the already strained working and middle class income earners.

11 Feb 2015

What rights do you have if the Landlord sells? (Adrian Goslett, the...

Property laws With the market currently favouring sellers, it may be tempting for those who own a rental property to put it on the market. But what happens if the property is occupied by a tenant? Does the tenant have any say and are they within their rights to breach the lease agreement in this instance?

11 Feb 2015

Undertaking Diligence when Buying Off-Plan (Chris Renecle, MD of Re...

Property Planning Those who are looking to purchase a sectional title property off plan should make very sure that they know exactly what terms and conditions are attached to the sale. Most importantly those who are purchasing a sectional title unit off plan should ensure that the developer has all the required rights on the property in place. This is according to Chris Renecle, MD of Renprop, one of South Africa’s largest providers of sectional title properties.

4 Feb 2015

Is your home not selling? Try this (Tony Clarke, Managing Director ...

If and when a home is brought to the market but does not sell, the owner and the estate agent are quite likely to start looking for reasons - and will no doubt come up with three or four that appear to explain the lack of success.

20 Jan 2015

New law around home inspections (Bryan Chaplog CEO of the Estate Ag...

The imminent publication of the draft Property Practitioner’s Bill (PPB) is a game changer for the small but fast-growing South African home inspection industry.

6 Jan 2015

Is agent commission too high in SA? (Lanice Steward, chairman of th...

It is often is a public perception that estate agents have a really easy, cushy job and make huge amounts of money for very little effort or work.

25 Nov 2014

Turnaround for SA property market (Seeff chairman, Samuel Seeff: 20...

Coming off five years of low growth, on the back of tight economic conditions, this year has seen the property market emerge from one of its toughest down cycles.

25 Nov 2014

Agents must endorse home inspections (John Graham, CEO of HouseChec...

Home inspection is taking off in South Africa, but estate agents are still lagging behind international trends in recommending that buyers make a home inspection a condition of their offer, if the property is being sold voetstoots.

25 Nov 2014

Beware of fraud in the rental market (Steve van Wyk, the owner and ...

The public is urged to be aware of a rental scheme in Centurion and Pretoria, relating to fraudulent activity that started about a month ago.

25 Nov 2014

Home inspection to be regulated by EAAB (John Graham CEO HouseChec...

Bryan Chaplog, CEO of the EAAB announced on national TV last Friday that a new law regulating estate agents will also be used to regulate home inspectors in South Africa The new law, the Property Practitioner’s Bill , is currently in draft stage and once it has been approved by the Cabinet, this Bill will be published for public comment - probably still in December.

8 Nov 2014

DEVELOPERS: REGISTER OR REGRET! (Milton Koumbatis: Director –...

Residential property developers need to note the recent Constitutional Court judgment confirming that you must register with the NHBRC (National Home Builder's Registration Council) before you conclude a building contract or commence building – if you don’t (or if you register late) you cannot enforce payment. In fact you commit a criminal offence just by accepting any payment.

4 Nov 2014

Stock constraints push prices up (Lanice Steward, managing director...

The main problem encountered by estate agents today is the serious stock constraints in the affordable to R10 million price categories.

29 Oct 2014

Signboards an effective marketing tool (Adrian Goslett, CEO of RE/M...

A lot has changed in the property market over the last decade in terms of the way in which business is concluded - especially with more and more buyers gaining access to the internet.

29 Oct 2014

SA property market slowing down (Lew Geffen, chairman of Sotheby&rs...

The exuberance that was evident in the property market a year ago is coming to an end, and home sellers in most parts of SA now need to moderate their price expectations accordingly.

21 Oct 2014

Smaller homes show strong growth (Erwin Rode, property economist an...

According to the latest Rode’s Report on the SA Property Market, smaller houses are showing the strongest growth.

21 Oct 2014

WHY IS THE TRANSFER OF MY PROPERTY TAKING SO LONG? (Compiled by Ri&...

After signing a deed of sale, the purchasers often want to move into the property with great excitement and as soon as possible. When they are informed of the process involved prior to the property being transferred this may place a damper on their excitement. Coupled with this there may even be delays in the transaction.

18 Oct 2014

Invest in property for retirement (Dr Koos du Toit, CEO of P3 Inve...

The 2014 Sanlam Benchmark Survey indicates that only 29% of retirees who have formal retirement plans are able to maintain their standard of living in retirement.

15 Oct 2014

Managing risk with new tenant report (PayProp CEO, Louw Liebenberg,...

PayProp, SA’s largest processor of rental payments for the residential letting industry, launched Tenant Assessment Reports this month in collaboration with their partner, PayProp Capital. "Historically, tenants have been excluded from being able to view or manage their credit history, but landlords are now encouraged to share this assessment report with their tenants,” says PayProp Capital CEO, Colin Habberton.

8 Oct 2014

Property sale - who pays for what? (Adrian Goslett, CEO of REMAX o...

During a property transaction both sellers and buyers have certain responsibilities and obligations that they need to address before the home can change ownership.

28 Sep 2014

Theft at a show house last week 21 September 2014 on the Western Se...

We received the following notification regarding and alleged theft at a show house last week 21 September 2014 on the Western Seaboard. Please be vigilant at all times and make contact with the Community Police Forum in your area or email us any further information to circulate.

10 Sep 2014

New bill to change SA rental market (Adrian Goslett, CEO of REM/MAX...

Recently tabled in the National Assembly, the proposed Rental Housing Amendment Bill could bring about some significant changes in the rental market for both tenants and landlords.

31 Jul 2014

Showhouse Thiefs (IEASA - INSTITUTE OF ESTATE AGENTS - W. CAPE: REG...

Early last year, many showhouses were robbed by a couple calling themselves "ANTHONY AND ARIANA ADAMS".

18 Jul 2014

Prime interest rate goes up to 9.25% (Dr Andrew Golding, CE of the ...

Homeowners already hard-pressed to manage to the rising costs of living can take only small comfort in the mild interest rate hike of 0.25%, which will take the repo rate up to 5.75% and the prime lending rate to 9.25%. Dr Golding says this is unfortunate news for homeowners, as well as the growing contingent of aspirant first-time buyers, and will ultimately be most felt by those who are already feeling the pressure of rising utilities costs and erosion in real household disposable income.

17 Jul 2014

Damp in older sectional title schemes (Michael Bauer, general manag...

What happens in cases of older sectional title developments, where units are found to have severe damp and the unit’s structure could be undermined by the damp?

17 Jul 2014

Proposed Rental Housing Amendment Bill (Penny Cheery, partner in th...

The proposed Rental Housing Amendment Bill has significant improvements to assist landlords and tenants.

10 Jul 2014

Zero deposit leases gaining favour ( Martin Goodman,(Director of Re...

There is a mounting awareness amongst those looking to rent of the option nowadays to enter into a zero deposit lease. As a result, rental management agents are reporting not just an upsurge in the numbers responding to advertisements for zero deposit properties, but that prospective tenants are increasingly making direct enquiries about their options to secure a zero deposit lease.

20 Jun 2014

Voornemende kopers’ oorval eiendomsagent in huis (Tom de Wet,...

WELKOM. – ’n Welkomse eiendomsagent hier het ’n skrikwekkende ondervinding gehad toe sy oorval en beroof is deur twee mans wat hulself as voornemende kopers voorgedoen het.

12 Jun 2014

What are SA home buyers looking for? (Adrian Goslett, CEO of RE/MAX...

It would seem that today’s property market has shifted and taken a different tone from the highly favourable buyer’s market we’ve seen over the past few years, to one that’s more focused on the seller in certain areas.

12 Jun 2014

Understanding Capital Gains Tax (Bill Rawson, Chairman of the Rawso...

The ramifications and implications of South Africa’s Capital Gains Tax are these days fairly well understood by the business community and those with substantial assets, but the average homeowner quite often has never really investigated or got to grips with the Act and has in his mind a number of erroneous conceptions regarding it.

24 May 2014

Hard times ahead for home tenants (Liebenberg from the PayProp Ren...

South African tenants are finding it increasingly difficult to raise additional sums of money to cover the rising rental rate as well as meet demands for higher deposit collateral, according to chief executive officer of PayProp, Louw Liebenberg.

24 May 2014

SA estate agent commission - too high? (Bill Rawson, Chairman of th...

South African Estate Agents have been asked why they feel justified in charging commission at a ‘high’ level – this question is often backed by the statement that UK and European estate agents work on far lower commissions.

15 May 2014

5 Reasons to buy property now (Mike Greeff, chief executive officer...

Several current indicators are providing sensible reasons to buy property on the Cape Peninsula right now, says Mike Greeff, chief executive officer of Greeff Properties, an exclusive Affiliate of Christie’s International Real Estate.

14 May 2014

Buyers beware old municipality debt (Annette Evans, regional manage...

There is a possible risk that property buyers need to be aware of when the municipality issues a rates clearance certificate on the property they are buying.

1 Apr 2014

SA property market and estate agents (Established Cape Law firm, He...

Established Cape Law firm, Herold Gie Attorneys, who this year celebrate 120 years of legal expertise, recently held an informative property and tax seminar at the Cape Town Hotel School attended by a number of property professionals from across the city.

1 Apr 2014

CPA imposes inspection duty on agents (Bill Rawson, Chairman of the...

Estate agents selling a home will inevitably find themselves intruding on the seller’s privacy and this can cause annoyance.

1 Apr 2014

Buyers careful about council charges (Richard Gray, CEO of Harcourt...

Municipal rates and tariffs, and the efficient delivery of council services in return for such payments, are already featuring more prominently in home buyers’ decisions regarding where to live, and are set to become a critical issue.

27 Mar 2014

Ins & outs of compliance certificates (Bruce Swain, MD of Leapf...

When selling a property, most homeowners focus on preparing for show days - adding a lick of paint, tidying up the garden and so forth. What many neglect to prepare until the property has been sold and is ready for transfer, are the required Certificates of Compliance (COCs).

27 Mar 2014

Fixed bond interest rate payments (Mike van Alphen, National Manage...

Concerned that the interest rates will rise further in the not too distant future, homeowners are asking whether this might be the right time to fix interest rates.

19 Mar 2014

SHOW HOUSE THEFT WARNING (IEASA, 19 March 2014)

We would like to warn ALL AGENTS that thefts took place at various show houses between Pinelands and Constantia over the weekend. Kindly report all thefts to your local police station and email me with the case numbers and contact details and information of ALL THEFTS which occur!

7 Mar 2014

Property affordability under pressure; Denise Mhlanga, Property jou...

South African consumers are in for a tough time, amid an increase in interest rates with more hikes expected this year while the price of fuel is going up this week.

7 Mar 2014

Budget 2014 not property-friendly (Lew Geffen, chairman of Sotheby&...

Finance Minister Pravin Gordhan was walking an "election tightrope"' when he presented the Budget yesterday and has done well to keep his balance, says Lew Geffen, chairman of Sotheby’s International Realty in SA.

1 Mar 2014

Home loans, prices and price inflation (Denise Mhlanga - Property j...

An increase in the banks’ risk appetite in the form of greater willingness to provide higher Loan-to-Value (LTV) bonds might increase the house price inflation outlook for 2014, according to Lightstone.

1 Mar 2014

Why buying small homes makes sense (Denise Mhlanga-Property journal...

FNB data reveals that the lower end of the residential property market outperforms the higher end in terms of price growth.

4 Feb 2014

Impact of interest rates on households, John Loos: FNB household an...

The Monetary Policy Committee (MPC) of the Reserve Bank (SARB) served up something of a surprise by raising its policy repo interest rate by half a percentage point to 5.5 percent which will in turn cause commercial banks to raise their prime lending rates from 8.5 percent to 9 percent.

4 Feb 2014

Trends in residential property yields (John Loos, household and pro...

After slow house price growth from 2008 to late-2011 had allowed rentals to play some mild catch-up with residential property values, resulting in rising gross yields over much of that period, a period of improved house price growth performance through 2012 and the first half of 2013 translated into a resumption of yield compression (decline).

4 Feb 2014

Should You Repair Before You Sell? (Adrian Goslett, CEO of RE/MAX o...

You have decided to sell your property but have found out that the roof needs to be replaced. Do you repair the roof or drop the asking price? While it may not necessarily be the roof that needs repairing, many homeowners may find themselves in similar situations and need to decide between taking on the repairs themselves, or telling potential buyers and hoping they can still sell their home for a reasonable, market-related price..

29 Jan 2014

Homeowners under strain sell and rent (Denise Mhlanga, Property jou...

The FNB report recently revealed Reasons for selling property in SA and 14 percent of sellers in the fourth quarter of 2013 were selling due to financial pressure.

24 Jan 2014

Shocking fraudulent property transfers (Penny Chenery, a director a...

In one of the most audacious cases of identity fraud committed in South Africa to date, fraudsters with an intricate knowledge of the property system have stolen millions from a bank and sold an upmarket home without the knowledge of the owners.

16 Jan 2014

Repair your property before selling? (Adrian Goslett, CEO of RENAX ...

You have decided to sell your property but have found that the roof needs to be replaced. Do you repair the roof or drop the asking price?

16 Jan 2014

5 tips for first-time home buyers (Adrian Goslett, CEO of Remax of ...

With the start of a new year, many have made resolutions to improve on various aspects of their lives over the next 12 months. Whether emotional, physical or financial, all resolutions may be tough to stick to without a solid plan of action to ensure that the goals can be accomplished.

16 Jan 2014

House price growth to reach 9% in 2014 (Denise Mhlanga, Property jo...

With slowing economic growth, we should not expect to see a large increase in the average rate of house price inflation on that of 2013.

16 Jan 2014

6.8% house price growth for 2013 (Denise Mhlanga, Property journali...

According to the FNB House Price Index, 2013 saw slightly slower average house price growth than 2012, but improving demand-supply balance hints at improved average price growth to come in 2014.

16 Jan 2014

House prices, valuations & debt levels (Richard Gray, chief exe...

Home prices will rise in 2014 in the face of a growing shortage of stock, but increases will be tempered by affordability constraints, says Richard Gray, chief executive officer of the Harcourts Real Estate group.

16 Jan 2014

Property outlook positive in 2014 (Seeff chairman Samuel Seeff, 06 ...

With 2014 set to be a milestone year for the country as we celebrate 20 years of democracy and head into an elections year that is likely to dominate the landscape, Seeff chairman Samuel Seeff says that there is much to be upbeat about.

13 Dec 2013

Tips on how to buy property in 2014 (Rawson Property Group chairman...

Perhaps its wishful thinking but while it is a good time to buy property, at least according to estate agebts, many would-be buyers cannot obtain home loan finance.

13 Dec 2013

2014 property market predictions (Adrian Goslett, chief executive o...

The past year has been remarkable in terms of property prices and sales with RE/MAX of Southern African experiencing its highest winter sales figures to date and the highest month in the history of the company during November 2013 with over R1.5 billion sales recorded, says Adrian Goslett, chief executive officer of RE/MAX of Southern Africa.

3 Dec 2013

Property overpricing slows down sales (Denise Mhlanga: 27 Nov 2013)

It has been said many times, properties that are priced right will sell despite a somewhat slow market, although in some instances, Lower priced properties are reportedly still selling better than higher priced ones.

3 Dec 2013

Looking into the 2014 property market (Rawson Group chairman, Bill ...

The year 2014 is going to be a good year for residential property and those aware of the market trends should be buying right now, says Rawson Group chairman, Bill Rawson.

12 Nov 2013

Tenants must be aware of all T&Cs (Michael Bauer, managing dire...

When signing a lease, the landlord should attach and disclose prior to signing the lease, all the terms and conditions of living in that home.

12 Nov 2013

First-time home buyer subsidy (Mike van Alphen, National Manager of...

There is still much ignorance about first-time home buyer’s subsidies, not just among the previously disadvantaged (at whom the subsidies are targeted) but also among many industry and community leaders who have indicated a willingness to help their own people in applying for these subsidies.

5 Nov 2013

Common myths about the credit amnesty (Credit Ombud, Manie van Scha...

The past few months have had consumers eagerly waiting to hear how their ‘bad’ credit records will disappear as a result of the DTI’s Removal of Adverse Information Project, which has now been given the go-ahead by Cabinet.

16 Oct 2013

Landlords beware new legislation (Marlon Shevelew, Attorney - Cape ...

On the 22 August 2013, the South African Parliament approved the Protection of Personal Information Bill (POPI) and issued the following statement:

3 Oct 2013

Buyers beware: 10 common home defects (John Graham, CEO of HouseChe...

Most home defects are fairly common and knowing about them can help the Estate Agent advise both the buyer and seller on how to address these issues.

20 Sep 2013

Unapproved building could cost you (Sika Ackotia, 13 Sep 2013)

The Supreme Court of Appeal recently ruled that courts do not have a discretion to grant a demolition order unless an individual can prove that they cannot afford or access any other form of housing in terms of section 26 (3) of the Constitution.

20 Sep 2013

Can I can cancel my offer to purchase? (Jaco Rademeyer, from Jaco R...

She needs to cancel her offer to buy property because she cannot get finance for the extra costs.

11 Sep 2013

Newsflash - SARS 2013 Budget Review: Change the way that trusts ar...

The SARS 2013 Budget Review makes it is clear that Government is formulating proposals in an attempt to change the way that trusts are taxed.

6 Sep 2013

Credit amnesty looming (Jan Davel, MD of theRealNet - 29 Aug 2013)

There?s a credit amnesty coming and it will make it even more important for property sellers and landlords to enlist the help of qualified and experienced estate agents.

6 Sep 2013

House prices overpriced by 20 percent (Denise Mhlanga - 02 Sep 2013)

While some estate agents report house price increase in some areas, others are of the opinion that residential property in South Africa is 20 percent overvalued.

5 Sep 2013

Are you ready for homeownership? (Adrian Goslett, CEO of REMAX of S...

Everyone is saying that market conditions are ideal for purchasing a home - the interest rate is low, banks are back in the game and buyers have more choice now than they did during the boom.

5 Sep 2013

Maintenance and repairs when renting (Michael Bauer, general manage...

Negotiation of the responsibilities of each party in a rental agreement, i.e. the tenant and the landlord, can sometimes have some 'grey' areas.

30 Jul 2013

Who pays for windows in sect. titles? (Michael Bauer, general manag...

When windows need to be replaced in sectional title schemes, the question still arises as to who bears the cost of the replacement.

30 Jul 2013

Rethink your home selling strategy (Mike Greeff, CEO of Greeff Prop...

If your property is spending months and months, or worse, years on the market, it?s time to rethink your strategy.

30 Jul 2013

Why you need a home loan deposit (Ewald Kellerman, Head of Sales at...

Prospective homeowners that save for a deposit are not only more likely to obtain a loan, but can also benefit from a better interest rate, which will save them considerable amounts over the term of their bond.

18 Jul 2013

Hidden psychology of property pricing (Andreas Wassenaar, Principal...

Sellers naturally want the best price they can get for their property and often ask unrealistic prices in the hope that they will get as close to the mark as possible - but they may be doing themselves a grave injustice.

17 Jun 2013

Co-ownership & buying property jointly (DH Sampson, 06 Jun 2013)

Denoon Sampson practised insurance litigation at Deneys Reitz now known as Norton Rose and conveyancing for E Oppenheimer and Sons, Anglo American, SA Permanent Building Society and many others at Weber Wentzel and EFK Tucker. He was a founder member of Sampson Okes Higgins, which became Denoon Sampson Ndlovu and is a consultant to The Standard Bank on its Electronic Payments and Guarantee process. His firm is currently ranked 2nd top performing conveyancer out of 1200 firms, by Standard Bank. One or more people purchasing property together or jointly with others, is becoming more and more prevalent. This is mainly because it is increasingly difficult for young individuals to raise the purchase price and the costs required to buy a property. Accordingly, many decide to pool their assets in order to take their first step up the property ladder.

17 Jun 2013

Tecno Group, certificates, Fri 2013/06/07 10:13, Reason for Inspect...

Reason for Inspection. The Plumbing Certificate, as it has become commonly, but incorrectly, known in the industry is in fact a misleading abbreviation as it has very little to do with the plumbing in an individual building or home, but more to do with the state of the overall water supply.

7 Jun 2013

Is it better to buy or sell first? (Francois Venter, Director of Ja...

With property market conditions leaning in favour of buyers, sellers may wonder what the best approach is when selling their home and buying a new property.

7 Jun 2013

4 questions home buyers should ask (Adrian Goslett CEO of REMAX of ...

Buying a property is a large investment and the often complex process can be an intimidating experience for many home buyers.

7 Jun 2013

Sellers beware not to self-sabotage (Richard Gray, CEO of Harcourts...

South Africa?s residential property market is showing signs of improvement, as evidenced by increased enquiries from prospective buyers, improved show house attendance and stock shortages in a growing number of areas.

20 May 2013

Sectional Title: Low Levies Not Always A Good Thing (Lanice Steward...

One of the first questions most sectional title property buyers ask is what the monthly levy is, but it is dangerous to decide on a particular townhouse or apartment just on this basis.

20 May 2013

More Bonds being Granted, But Banks Still Strict (BetterBond, South...

The average home price showed a year-on-year gain of 9% in April to R893 000, according to the latest statistics from BetterBond, South Africa?s biggest mortgage originator.

20 May 2013

Market Awaits Higher Growth, Employment (Berry Everitt, MD of the C...

There?s good news and bad news for the real estate industry on the employment front this month, says Berry Everitt, MD of the Chas Everitt International property group.

20 May 2013

State of house prices in South Africa (Denise Mhlanga, 14 May 2013)

Nominal year-on-year (y/y) growth in the average value of homes in the middle segment of the South Africa residential property market appears to have reached an upper turning point in March 2013.

1 May 2013

Sectional Title: Help in a Crisis (Johann le Roux, executive direct...

Emergency situations arise in sectional title schemes just as they do in freehold properties ? and when they do, the body corporate will often need quick access to cash.

1 May 2013

Prospective Homeowners Need to Stop ?Reckless Borrowing? (Rudi Both...

Just about everyone cheered recently when the reserve Bank decided to leave interest rates unchanged again, but it was not necessarily such good news for the real estate market.

12 Apr 2013

SA household & consumer sector spend (John Loos FNB, 12 Apr 2013)

While far from booming, a mildly recovering residential property market, and growing residential stock constraints, may just pose some further ?downside risk? for already-slowing consumer sectors? growth rates, as the household need for greater residential fixed investment gradually grows.

12 Apr 2013

Home loans for less than R18k earners (SA Home Loans Chief Executiv...

SA Home Loans, South Africa?s largest non-bank specialist home loan provider, has entered the affordable housing market, a development that spells welcome news for house hunters earning less than R18 000 per month.

4 Apr 2013

Homes still unrealistically priced (Denise Mhlanga Property journal...

The FNB Property Barometer Estate Agent Survey shows rising demand for residential property in Q1 2013 from a declining trend in the previous quarter.

25 Mar 2013

Eagle Eye: Landlords, Tenants And The Law (Wayne Albutt, national m...

A fair amount of confusion and dismay has been evident among both landlords and tenants since the promulgation of the Consumer Protection Act (CPA) which, among other things, allows a tenant to cancel a lease immediately, no matter what the original agreement specified.

23 Mar 2013

When a tenant cancels the lease (Wayne Albutt, National Manager of ...

A fair amount of confusion and dismay has become evident among landlords and tenants following the promulgation of the Consumer Protection Act (CPA) which, among other things, allows a tenant to cancel a lease immediately, no matter what the original agreement specified. This is on the condition that the CPA is deemed to apply to the lease with regards to supplier (landlord) and consumer (tenant) relationships and its relevance in terms of a lease, being a fixed term agreement, accordingly.

14 Mar 2013

It?s A Great Time to Sell Property, Too (Lew Geffen, chairman of So...

Much has already been said about this being a good time to buy property ? and it is ? but the other side of that coin is that it is also a good time for existing homeowners to sell and move to a different property.

14 Mar 2013

Single-digit growth for house prices (Denise Mhlanga - 12 Mar 2013)

The FNB House Price Index for February showed further slowing in its year-on-year (y/y) inflation rate from a revised 3.9 percent in January to 2.6 percent with the average value of homes transacted reaching R846 172

28 Feb 2013

Buyers to focus on smaller homes (Denise Mhlanga, 25 Feb 2013)

Statistics South Africa (Stats SA) reveals that the value of recorded building plans passed (at current prices) increased by 9.2 percent (R6 144 8 million) in 2012.

25 Feb 2013

Can I get a home loan with my partner? (Jenny Rushin, Western Cape ...

Jenny Rushin, Western Cape Provincial Sales Manager at bond originator ooba, advises: Investing in property is usually the biggest financial commitment that any individual will make. Increasingly, people are looking to purchase a home with a friend, sibling or partner to halve the costs and increase the likelihood of bond approval.

19 Feb 2013

General - Fixture or not, Electrical, Beetle, Pluming, Gas and Elec...

With all the new bylaws, consumers Act the public get more confuse what is applicable and what not when selling a house.

19 Feb 2013

Sectional Title: No Pets is Actually The Norm (Berry Everitt, MD, C...

There is often discord over pets in sectional title (ST) complexes, but there needn?t be, says Berry Everitt, MD of the Chas Everitt International property group.

19 Feb 2013

Bank Valuations are ?Depressing? Moot market (Willie du Plessis, Re...

Willing homebuyers and sellers in Pretoria?s Moot area are reporting that big banks are undervaluing properties for sale, which slows down transactions in this popular neighbourhood.

19 Feb 2013

A Savvy New Generation of Homebuyers (Adrian Goslett, CEO of RE/MAX...

As a result of the recession, the current generation of homebuyers has become increasingly knowledge about homeownership. This is partly due to the fact that property ownership and access to finance requires more preparation and planning now, and partly because of the increased media coverage of real estate topics.

19 Feb 2013

Unchanged Rate a Positive Start for Property This Year (01/02/2013 ...

This week?s decision by the Monetary Policy Committee to keep the repo rate unchanged at 5% was anticipated by many market commentators but is nevertheless positive from a residential property market perspective. It serves as a confidence booster for both homebuyers and homeowners with mortgage bonds and who continue to feel the impact of rising energy, fuel and food costs.

13 Feb 2013

FICA STOP SCAM!!! JANUARY 2012

To keep you updated, the FIC is publishing on its website samples of some of the notices and messages scamsters are sending to the public.

13 Feb 2013

SCAM LETTERS: WARNING TO PUBLIC (Financial intelligence centre, REP...

The recent holiday period was anything but a time of rest for criminals trying to scam unsuspecting members of the public out of their hard-earned cash.

11 Feb 2013

5 mistakes to avoid in home insurance (Denise Shaw, head of Standar...

Thousands of South Africans who have made significant sacrifices to buy homes could face financial hardship in the event of their homes being damaged or destroyed, simply because they didn?t take the basic steps required to make sure that their houses were correctly insured.

19 Jan 2013

Riding the SA property cycle in 2013 (Professor Francois Viruly, 17...

Historical trends suggest that the South African property sector experiences a property boom approximately every 10 years with significant construction booms occurring every 20 years.

19 Jan 2013

Start 2013 by investing in your bond (Rudi Botha, CEO BetterBond, 0...

Although New Year?s resolutions are notoriously difficult to keep, there is one that can really deliver enough financial benefits to keep homeowners motivated for a whole year.

10 Jan 2013

Home buyers are younger and savvier (08 Jan 2013)

The past few years have been an extremely interesting time that has irrevocably changed the real estate market as we know it.

10 Jan 2013

4 types of property buyers (14 Dec 2012)

When it comes to selling property in today?s competitive real estate market, sellers will need to have an edge to stand out from the crowd.

13 Dec 2012

Credit history and home loan approvals (Adrian Goslett, CEO of Rema...

In today?s real estate market it is imperative for consumers to establish an excellent credit record and maintain it.

7 Dec 2012

House prices set to grow by 4% in 2013 (05 Dec 2012- FNB)

The FNB House Price Index for November 2012 showed further slowing in its year-on-year (y/y) inflation rate from a revised 2.5 percent in October to 0.5 percent.

7 Dec 2012

Multigenerational housing a major trend to watch (Posted by Propery...

The number of households where adult children will move back in with their parents, or ageing parents will move in with their children, is set to increase exponentially within the next few years.

7 Dec 2012

Property Predictions for 2013 (Posted by Property Junction 03/12/2012)

Pricesupordown Good or gloomy? Here?s what some of the country?s top property commentators are expecting in 2013:

30 Nov 2012

LEES DAARDIE HUURKONTRAK! DIE HARTSEER VERHAAL VAN DIE VERHUURDER W...

LEES DAARDIE HUURKONTRAK! DIE HARTSEER VERHAAL VAN DIE VERHUURDER WAT DIT NIE GEDOEN HET NIE

30 Nov 2012

Make moving home stress-free (Victoria Taylor, Journalist at Proper...

You have found the perfect home. It has everything you could possibly want and you can't wait to move in and have 'your own place'.

30 Nov 2012

Tax-friendly property transfers (Nicholas Hayes, Nicholas is a Seni...

22 Nov 2012 Time is running out to make use of the tax-friendly window period introduced by the South African Revenue Services (SARS) in 2010.

30 Nov 2012

Green buildings take off in SA (Mr.Nival Porun - 28 Nov 2012)

Over the past decade, green building has emerged as a growing trend among a vigorous interest group to create high-performance, energy-efficient structures that improve tenant and/or owner-occupier comfort and well-being while minimising environmental impacts.

26 Nov 2012

ELECTRIC FENCE SYSTEM CERTIFICATES OF COMPLIANCE (Source: Yeats Cox...

This article is intended to bring to your attention the latest developments in terms of the Occupational Health and Safety Act, Act No. 85 of 1993, as applicable to the change of ownership of immovable property.

30 Oct 2012

Kaapse diewe teiken skouhuise (Burger Okt 2012)

Kaapstad ? Misdadigers wat hulself as potensiële kliënte voorgee, teiken skouhuise in die Moederstad, het ?n koerant berig.

23 Jun 2012

OPTION TO PURCHASE (FPS ATTORNEYS - FREDDIE STEYN, BRACKENFELL, 201...

The option to purchase is often utilised by property developers. For example, a property developer wishes to build a shopping Centre on an identified site. By obtaining an option to purchase from the owner of the land, the property developer secures a window period to approach an anchor tenant (often a grocery chain) and thereafter convinces a financier to finance the development on the basis of the future rental income that will flow from leases to be signed by the anchor and ancillary tenants at the Centre. The option is exercised and the property is purchased at the pre-determined price as agreed upon in the option contract if and when all the essential role players have committed to the business plan presented by the property developer.

8 Jun 2012

How the new property laws impact investors (Author: Attie Pretorius...

Real estate legislation and developments.

8 Jun 2012

Landlords beware: the law's on the tenant's side (Author: Jason Lee...

A tenant?s unpaid municipal service charges can become a landlord?s nightmare.

8 Jun 2012

AFFORDABLE HOUSING - SA's affordable housing sector ailing (Author:...

Banks look for a solution.

25 May 2012

How best to invest in property for retirement (Author: acsis, 26 Ap...

The key to successfully investing in property is to understand what to invest in.

25 May 2012

Occupational rent: Don't skip the fine print (Author: RE/MAX, 23 Ap...

Buyers and sellers should have all their bases covered.

25 May 2012

As sentiment among buyers becomes more positive. (Solid future for ...

With South African consumers having experienced some of the most interesting times in economic history, it would be easy to think that battle-weary buyers may hesitate to enter the property market. However, it seems that the opposite may be true as figures show an increase in the average residential demand rating among consumers in the recent months, says Chairman of RE/MAX of Southern Africa, Peter Gilmour.

25 May 2012

Bank cracks the whip on allegations of Auction Alliance kickbacks (...

FNB employee suspended, other banks provide an update.

25 May 2012

Levitt?s lawyers to go to High Court (PROPERTY, Author: Monique Van...

Ombud being considered for auction industry and a formal qualification.

25 May 2012

Property giants go green as the penny slowly drops (GREEN PROPERTY,...

Pressure also mounts as new building regulations demand compliance with sustainability.

28 Feb 2012

WIE IS VERANTWOORDELIK VIR JOU DAK WAT LEK? (COURTENAY ULYATE ATTOR...

Jy het uiteiendelik jou droomhuis gekoop, jy trek in en jy voel heel ingeburger. Alles gaan voor die wind, totdat die eerste reÃ«ns kom en jou dak ernstig lek. Wie is regtens hiervoor aanspreeklik?

16 Nov 2011

List your home for the right reasons (Author: Francois Venter, 09 N...

Or take it off the market.

16 Nov 2011

House prices will sink further: Absa Home Loans

On the back of rising headline consumer price inflation.

2 Nov 2011

AUCTIONS SHOW PROPERTY PRICES DROPPING (Property 24 Article- 31 Oc...

AUCTIONS SHOW PROPERTY PRICES DROPPING ?Are you done?'' shouts Gauteng-based auctioneer Gift Ngwenya. ''Three times I'll call it'', the auctioneer bellows before closing a sale after spirited bidding during Auction Alliance?s September residential property auction in Johannesburg.

27 Oct 2011

Algemeen (With Compliments, Courtenay D Ulyate BA LLB, Attorney &am...

DUBBELE KOMMISSIE IS 'N LELIKE DING! VERKOPERS, KOPERS EN AGENTE LET OP

27 Oct 2011

Serious sellers will have to accept further price cuts (Author: Lan...

And those not prepared to price realistically should not put their homes up for sale.

18 Oct 2011

Banks refuse bonds for homes with illegal alterations (Colin Kuhlma...

Home sellers should make sure their properties comply with municipal town-planning regulations and by-laws.

29 Sep 2011

Be aware of tax implications on property rentals (David Warneke 12 ...

Tourism Month, celebrated in South Africa annually in September, marks the contribution that the industry makes to the country's economy.

29 Sep 2011

New mortgage loans granted decline sharply in Q2 2011 (John Loos, F...

Largest segment of the new mortgage market moves into negative territory.

29 Sep 2011

13 Tips for avoiding falling victim to property rescue scams (Sabri...

Also a look at the types of scams.

29 Sep 2011

Algemeen (Courtenay D Ulyate, BA LLB, Attorney & Conveyancer, A...

Oktober 2011

1 Sep 2011

Algemene sake mbt die reg (Courtenay D Ulyate, Attorney & Conve...

Verskeie sake rakende die Reg.

1 Sep 2011

Articles and Ads

Good day everybody. I'm busy investigate something and will appreciate it if you can respond to this e-mail. I do get a good response on Articles that is posted to you. Some people like it and are on this web because of the Articles. Other don't like it and are only interested in properties load on our website.

31 Aug 2011

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TO...

In the matter between: THE STANDARD BANK OF SOUTH AFRICA LIMITED ?..........................................Plaintiff and GEOFFREY WILLIAM KELLY ?.....................................................................First Defendant DEIDRÉ BERNADETTE KELLY ?.......................................................Second Defendant

28 Jul 2011

DIE "ONBELEMMERDE UITSIG OOR DIE SEE": KRY DIT OP SKRIF! ...

Verkoopspraatjies moet dikwels met 'n knippie sout geneem word. Die Hoogste Hof van Appèl sê ook dat mens versigtig moet omgaan met 'n verkoopsaanbieding by die koop van eiendom.

25 Jul 2011

Four certificates now necessary when selling a home (Ulrik Strandvi...

You are now also required to obtain a Gas Certificate and a Plumbing/Water Certificate.

25 Jul 2011

Have problems with defaulting tenants? (Lanice Steward 20 July 2011)

Hypothec the easiest way to get payment from a defaulting tenant.

19 Jul 2011

Skok wag op mense wat plekke verhuur - Opvolg (Dirk Boshoff 19Julie...

Soos almal weet is daar sprake dat Munisipaliteite mense wat tweede huise het verder wil belas (veral as hulle dit verhuur), selfs tot en met 305% meer as wat hulle nou per maand betaal.

15 Jul 2011

Skok wag op mense wat plekke verhuur (Cobus Claassen 2011-07-15 Me...

Pretoria - ?n Eiendomsbelastingskok wag op Suid-Afrikaners wat residensiële eiendomme as beleggings verhuur.

6 Jul 2011

Advice to property clients: Use an agent who can produce an accurat...

Or be prepared for a let-down.

6 Jul 2011

Advice to property clients: Use an agent who can produce an accurat...

Or be prepared for a let-down.

22 Jun 2011

THE WINDOW PERIOD TO TRANSFER RESIDENTIAL PROPERTIES OUT OF COMPANI...

You must act NOW!!

8 Jun 2011

Property deals cannot be exited after offer is accepted (Ulrik Stra...

Many believe, wrongly, that they can exit from a deal after the offer to purchase is accepted.

27 May 2011

ALGEMENE SAKE IN DIE REG (Courtenay D Ulyate - Attorney & Conve...

Algemene Sake

25 May 2011

Do you have the stomach to be a landlord? (Ya'el Geffen 20 May 2011)

Ya'el Geffen gives tips for renting out properties.

25 May 2011

Improvements on rental properties without prior consent (Lanice Ste...

Tenants be warned...

11 May 2011

Seeff tries to rescue Golf & Leisure (David Carte 04 May 2011)

Will put in some cash to reduce investor losses.

5 May 2011

Landlords ignore the consumer protection act at their own peril (Da...

According to the definitions of the CPA, landlords, rental agents and buy-to-let investors can be seen as suppliers and tenants as consumers.

5 May 2011

Owners responsible for tenants' conduct (Michael Bauer 21 April 2011)

Unruly tenants will attract fines ? and should be made to pay them.

5 May 2011

House price growth accelerates mildly in April - FNB (03 May 2011)

This is the 2nd successive month of mild acceleration in year-on-year house price growth.

5 May 2011

South African property market corrections (Benhard Wiese 04 May 2011)

Not as painful as the USA property market.

5 May 2011

CBM report shows that rent defaulting is now high (Tony Clarke 04 M...

Extra care now needed in the selection of tenants.

5 May 2011

DIE VERBRUIKERSWET - 'N PAAR VERRASSENDE WYSIGINGS EN ANDERE (Court...

Op 1 April 2011 het die Verbruikerswet toe wel in werking getree. Die finale regulasies is gepubliseer en hou 'n paar verrassings vir beide die verbruiker en die verskaffer in.

13 Apr 2011

Concourt rules in favour of home owner in arrears (Sapa 11 April 2011)

Court says only a judge and not a high court registrar could decide if a bank could sell a person's home in execution.

12 Apr 2011

BANKS CANNOT MERELY SELL A DEFAULTING CLIENTS HOME ANYMORE (Courten...

BANKS CANNOT MERELY SELL A DEFAULTING CLIENTS HOME ANYMORE!

6 Apr 2011

Purchasers cannot claim for anything spent on a home before transfe...

Even though he takes complete ownership only after transfer.

6 Apr 2011

No more hiding behind the "voetstoots" clause (Micel Schn...

Shoddy developers will now have to cough up.

30 Mar 2011

Building owners beware (Sandy Walsh 25 March 2011)

SA courts tend to support public liability claims.

28 Mar 2011

More owners selling their homes for less (Micel Schnehage 17 March ...

Quarterly survey shows slight increase in demand, but supply increasing too.

28 Mar 2011

Good fundamentals for new residential homebuyers (Ooba 23 March 2011)

Residential property prices continued to decline in February 2011.

28 Mar 2011

Know your body corporate rules (Adrian Goslett 18 March 2011)

Buyers need to do their homework thoroughly.

28 Mar 2011

Pangbourne Properties wins battle against Basinview on appeal (Mice...

Dismissed with costs as suspensive condition not met.

16 Mar 2011

Extension of sections in sectional title schemes (Martin Bester 14 ...

Owners wishing to extend their section need to apply to the body corporate for approval.

16 Mar 2011

Choose home contractors with extreme care (Richard Gray 15 March 2011)

There is big money at stake if the work is not done properly.

16 Mar 2011

PLUMBING CERTIFICATES: A REQUIREMENT FOR PROPERTY TRANSFERS IN THE...

The City of Cape Town recently passed a by-law in terms of which it is required that a plumbing certificate issued by an accredited plumber is e-mailed to Council prior to registration of transfer. The form of the certificate is specifically prescribed in Schedule 4 of the By-Law.

9 Mar 2011

If it's broken, who's going to fix it? (Martin Bester 07 March 2011)

Martin Bester looks at a new Act on sectional title and the median line.

9 Mar 2011

Consumer Protection Act and your property rights (Seraj Haroun 07 M...

The purchasers of property that was marketed to them via direct marketing, such as e-mail, will be able to cancel the sale after the property has been registered.

9 Mar 2011

House sellers beware (Anton du Plessis 07 March 2011)

Do not try to evade commission claims.

28 Feb 2011

VERBRUIKERSBESKERMING EN EIENDOM - PANIEK EN RISIKO ("Don't Pa...

Die Wet op Verbruikersbeskerming ("die Wet") het oor die afgelope jare ongekende kommentaar ontlok en publisiteit verkry. Nou word dit 'n werklikheid wanneer dit aan die einde van Maart in geheel in werking tree.

25 Feb 2011

Sectional Title Amendment Act 11 of 2010

N E W S F L A S H

24 Feb 2011

Evicted tenants must be offered appropriate alternatives (Lanice St...

Landlords have to provide tenants with an "equable solution".

16 Feb 2011

Yet another estate agent suspected of dipping into the trust fund (...

Leapfrog Property closes one of its franchisees down.

16 Feb 2011

Sectional title versus freehold ownership (Adrian Goslett 14 Februa...

Adrian Goslett offers the pros and cons to both forms of ownership.

16 Feb 2011

The dirty world of property (Tabloid Tuesday reporter 15 February 2...

Estate agent trust scandal widens and Seeff Properties in shocker.

15 Feb 2011

Republic of South Africa

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) Case No: 23427/2010 In the matter between: THE STANDARD BANK OF SOUTH AFRICA LIMITED Plaintiff and GEOFFREY WILLIAM KELLY First Defendant DEIDRÉ BERNADETTE KELLY Second Defendant

15 Feb 2011

IN DIE HOE HOF VAN SUID-AFRIKA /ES

IN DIE SAAK TUSSEN GEORG WILHELM HANNES KOCH ?...............................................1STE APPLIKANT STANLEY CECIL BOLT ?.....................................................................2DE APPLIKANT JOHAN CHRISTIAAN DIEDERIK BENADIE........................................3DE APPLIKANT EN JAN BACKER...........................................................................................RESPONDENT UITSPRAAK PRINSLOO. R

15 Feb 2011

STANDING SURETY: DO NOT TAKE IT LIGHTLY

ABSA Bank Limited v Groenwald (14249/2010) [2011] ZAGPPHC 5 (14 January 2011)

9 Feb 2011

What rental increases are permissable (Michael Bauer 08 February 2011)

What you need to know.

12 Jan 2011

VERKOPERS : WEES VERSIGTIG VIR KOMMISSIE EISE! (Judgment in the mat...

Jy verkoop jou eiendom aan 'n koper wat direk by jou uitkom. Die koper verseker jou dat daar nie 'n agent betrokke was om die eiendom aan hom bekend te maak nie en dat jy dus geen kommissie op die transaksie gaan betaal nie.

11 Dec 2010

Home improvement tips (Richard Gray 06 December 2010)

It really pays to add a home office, argues Richard Gray.

11 Dec 2010

Tips for getting a property loan (Berry Everitt 06 December 2010)

Keep your cool when lenders ask questions about your credit history.

1 Dec 2010

TOTSIENS AAN DIE SEE-UITSIG!

Ons het in vorige uitgawes al berig oor die kontrasterende belange wat afgeweeg word wanneer dit by 'n see-uitsig kom.

10 Nov 2010

Lowest house price growth in twelve months (Jacques du Toit 04 Nove...

The average nominal value of homes increased at a year-on-year rate of 1% in October 2010.

10 Nov 2010

Tips for investing in property (Collin Wright - 04 November 2010)

Listed property could offer a defensive investment position in 2010.

10 Nov 2010

Advice to bond applicants (Tony Clarke - 25 October 2010)

Take account of the inevitable future rates increases - or you could suffer.

10 Nov 2010

Bad news for homeowers (FNB Residential Property Review - 25 Octobe...

FNB report finds average house prices to decline in 2011.

10 Nov 2010

House prices in 2011: Recovery or bust? (Lanice Steward 27 October ...

Lanice Steward believes we should see a recovery.

3 Oct 2010

?Ghost property? case settled (The National Consumer Tribunal 27 Se...

Nedbank failed to conduct a proper assessment on this property owner National Consumer Tribunal found.

10 Sep 2010

SHOULD I BUY MY PROPERTY IN MY NAME OR IN A CC, COMPANY OR TRUST (B...

2 Sep 2010

Growthpoint Properties exceeds forecast (Company release 26 August ...

Posted distribution growth of 5.8%.

2 Sep 2010

Steps to dealing with problem tenants (Michael Bauer 27 August 2010)

What to do with problematic tenants in sectional title schemes?

2 Sep 2010

Golf estates: ultimate lifestyle or inconvenient eco embarrassment?...

Is golf estate living is all it's cracked up to be?

2 Sep 2010

Tips to selling your home (Simon Raab 31 August 2010)

Ensure that your home is in tip top condition before you allow buyers to view it.

2 Sep 2010

Good walls make good neighbours - or not (Barry Washkansky 27 Augus...

What recourse do you have if someone infringes building plans?

2 Sep 2010

Opportunities abound in local property market (Barry Washkansky 01 ...

The property market is still good for bargain hunters, says Anthony Miller of Lightstone.

2 Sep 2010

Advice to buyers, sellers of properties (Lanice Steward 30 August 2...

Make sure terms and conditions do not delay transfer.

2 Sep 2010

EIENDOM: ONTWIKKELAARS, AGENTE, VERKOPERS, KOPERS EN BOUERS - NUWE ...

Die Wet op Verbruikersbeskerming behoort in Oktober 2010 in werking te tree.

28 Aug 2010

URGENT UPDATE FOR TAX-FREE PROPERTY TRANSFERS

New amendments to the Taxation Amendment Laws require that the company or trust must be liquidated, wound up or deregistered within 18 months (or a limited further period as SARS may allow) if you transfer the property after 30 September 2010.

26 Aug 2010

Trends and outlook on South Africa's property market (By Lebohang N...

The performance of the property market in South Africa has been on a rollercoaster ride along with that of the rest of the world, thanks to the global economic recession, amongst other things. There are trends, however, having their own identity and deviating from international trends. This includes some improvement in sales as well as the changing face of the home buyer in the South African context.

19 Aug 2010

When should you start saving for your first property? (Adrian Gosl...

Saving up a deposit for your first property brings great financial rewards.

18 Aug 2010

A guide for investing in property (Collin Wright - 17 August 2010)

Collin Wright reckons listed property could offer a defensive investment position in 2010

4 Aug 2010

Landlords and tenants: The ?Lights out? risk (by LawDotNews -

In whose name should the electricity account be for leased premises? The choice is with the landlord, in that most (possibly all) municipalities won?t allow a tenant to open an electricity account without the landlord?s written consent. Giving such authority as a landlord may reduce your admin burden, but it carries a risk ? if the tenant runs up arrears, ultimately you will have to foot the bill, and tenants have been known to abscond leaving very large debts behind!

4 Aug 2010

This article is brought to you by Bond Choice (YOUR RIGHT TO A VIEW...

Just think, you buy your dream home with the perfect sea view and six months later, your neighbour erects a double story home, blocking your view Is this unlawful or just his right?

4 Aug 2010

VERKOPERS EN KLARINGSERTIFIKATE - ONTHOU DIE TWEE JAAR BEPERKING OP...

'n Eiendom wat verkoop is kan nie formeel aan die koper oorgedra word, sonder dat die plaaslike owerheid 'n amptelike uitklaringsertifikaat aan die verkoper uitreik nie. In hierdie dokument bevestig die plaaslike owerheid dat alle betalings vir die betrokke eiendom op datum is, insluitende munisipale dienstegelde, heffings op dienstegelde, eiendomsbelasting en ander munisipale belastings, heffings en verhalings vir die tydperk van twee jaar wat die datum van die uitklaringsertifikaat voorafgaan.

4 Aug 2010

When you tenant absconds without paying (Mike Spencer - 26 May 2010)

Question I had a tenant until yesterday who ran away leaving me with a 17 000 rand electricity bill. I have search your website for advice but haven't found anything - can you help please?

4 Aug 2010

Western Cape property is losing steam (FNB Property Barometer - 03 ...

The 2nd half of 2010 is expected to bring slowing price inflation back into single-digit year-on-year rates.

4 Aug 2010

Has the "mini-peak" in residential property been reached?...

FNB July House Price Index starts to slow.

4 Aug 2010

Dangers of sectional title ownership (Jacques du Toit - 28 July 20...

You could be in for a penalty levy of up to eight times the monthly levy.

30 Jun 2010

Build, buy or renovate? (John Loos 29 June 2010 )

John Loos considers the pros and cons of each.

11 Jun 2010

Small home prices surge (2010-06-08)

Home seekers can expect to start digging deeper into their pockets again as prices keep rising.

9 Jun 2010

Should you invest in property now? (Private Property - 08 June 2010)

What to consider.

9 Jun 2010

What to look for when buying a property (Marius Marais - 03 June 20...

Prospective buyers should compare all banks' home loan offerings.

9 Jun 2010

Upward trend in house price growth continues (By Jacques du Toit - ...

Middle-segment home values increased further in May 2010.

9 Jun 2010

Important insurance checkpoints for property sellers (By Berry Ever...

If you?ve sold your home and agreed that the buyer can take occupation before transfer is registered, it is important to make sure that the property will remain insured, argues Berry Everitt.

29 Aug 2009

Everything you need to know about new rules for estate agents

New series! Expert answers questions about new education rules for estate agents. Today: Is RPL compulsory for everyone?

11 Feb 2009

Tenant's rental deposit: what you need to know

Wondering whether you need to pay interest? Or how much deposit is enough? These questions, and more, answered.

11 Feb 2009

Pay-back time against nasty neighbours

Annoyed with your neighbour?s renovations and building extensions? Then you can get them demolished ? new court ruling.

11 Feb 2009

Property trusts: When they're a bad thing

Mike Spencer* 10 February 2009 Your assets aren't as safe as you think from creditors, and the tax man takes a juicy cut - property sales expert. During a recent successful sale the question of whether or not to register the property in a trust arose. An interesting discussion took place. I make no pretence to be financial advisor but look more at what I perceive as the practical aspects of registering property in Trusts.

11 Feb 2009

Home loan shocker: Standard Bank shuts out originators

Costly war erupts between big bank, country's biggest mortgage originators over commissions. Standard refuses home loan business. A battle has erupted between JSE-listed Standard Bank (JSE:SBK) and the country's top mortgage originators over commissions.

11 Feb 2009

Banks must come to the party

Cutting interest rates will not help the housing market unless the banks get over their "property panic" and lower their deposit requirements. So says Keith Nash, sales and marketing director of leading residential developer Sable Homes, who adds that "even at the current interest rates, there is steady demand for new homes and, more importantly from our point of view, for stands.

11 Feb 2009

Tips for getting rental deductions and staying on the right side of...

Dear MoneywebTax.co.za My fiancée and I currently have three properties, one being the primary residence, and two townhouses. The properties all have bonds. We are renting the one townhouse - the bond repayment is higher than the rental income. We purchased the second townhouse on the strength of selling my grandmother's house and having her live there. The idea is to settle the bond of this townhouse, but I have started to question whether this is financially viable?

24 Oct 2008