Latest News Letters

Selling property to a trust comes with a particular risk, and it’s one that - although easily avoidable - still seems to catch sellers unawares on a regular basis. Not checking that the trustee/s signing the offer to purchase/deed of sale are fully authorised to do so could leave you with no sale at all. We illustrate the downsides of not checking for trustee authority by discussing a recent Supreme Court of Appeal judgment in which a seller’s R3m claim came to naught, because on...

Selling property to a trust comes with a particular risk, and it’s one that - although easily avoidable - still seems to catch sellers unawares on a regular basis. Not checking that the trustee/s signing the offer to purchase/deed of sale are fully authorised to do so could leave you with no sale at all. We illustrate the downsides of not checking for trustee authority by discussing a recent Supreme Court of Appeal judgment in which a seller’s R3m claim came to naught, because on...

Selling property to a trust comes with a particular risk, and it’s one that - although easily avoidable - still seems to catch sellers unawares on a regular basis. Not checking that the trustee/s signing the offer to purchase/deed of sale are fully authorised to do so could leave you with no sale at all. We illustrate the downsides of not checking for trustee authority by discussing a recent Supreme Court of Appeal judgment in which a seller’s R3m claim came to naught, because on...

Holiday Season can be an ideal time to buy and sell residential property, and if you are in the market for a house – or about to put yours up for sale – be mindful of the fact that both “seller’s remorse” and sales with suspensive conditions (like “subject to sale of the buyer’s property”) are much more likely now than they have been for some time. So both buyers and sellers need to understand whether it is easy or difficult for a seller to esc...

Holiday Season can be an ideal time to buy and sell residential property, and if you are in the market for a house – or about to put yours up for sale – be mindful of the fact that both “seller’s remorse” and sales with suspensive conditions (like “subject to sale of the buyer’s property”) are much more likely now than they have been for some time. So both buyers and sellers need to understand whether it is easy or difficult for a seller to esc...

Holiday Season can be an ideal time to buy and sell residential property, and if you are in the market for a house – or about to put yours up for sale – be mindful of the fact that both “seller’s remorse” and sales with suspensive conditions (like “subject to sale of the buyer’s property”) are much more likely now than they have been for some time. So both buyers and sellers need to understand whether it is easy or difficult for a seller to esc...

Landlord vs tenant disputes can quickly escalate into protracted and expensive litigation, and as a landlord you may be tempted to take the law into your own hands by changing locks, cutting electricity etc. We analyse our law in that regard, explain what a “spoliation order” is and what a tenant must prove to obtain one, and discuss a recent High Court case in which an internet café owner in a shopping centre disputed her landlord’s method of billing for electricity...

Landlord vs tenant disputes can quickly escalate into protracted and expensive litigation, and as a landlord you may be tempted to take the law into your own hands by changing locks, cutting electricity etc. We analyse our law in that regard, explain what a “spoliation order” is and what a tenant must prove to obtain one, and discuss a recent High Court case in which an internet café owner in a shopping centre disputed her landlord’s method of billing for electricity...

Landlord vs tenant disputes can quickly escalate into protracted and expensive litigation, and as a landlord you may be tempted to take the law into your own hands by changing locks, cutting electricity etc. We analyse our law in that regard, explain what a “spoliation order” is and what a tenant must prove to obtain one, and discuss a recent High Court case in which an internet café owner in a shopping centre disputed her landlord’s method of billing for electricity...

A properly drawn and executed will (your “Last Will and Testament”) is the only way for you to ensure that your loved ones are properly looked after once you are gone.  Perhaps most importantly, only by making your own will can you specify who is to inherit what from you. But is your “Freedom of Testation” limited in any way? Can you disinherit your spouse, or your children? Who chooses who will benefit from your pension and retirement funds?   These...

A properly drawn and executed will (your “Last Will and Testament”) is the only way for you to ensure that your loved ones are properly looked after once you are gone.  Perhaps most importantly, only by making your own will can you specify who is to inherit what from you. But is your “Freedom of Testation” limited in any way? Can you disinherit your spouse, or your children? Who chooses who will benefit from your pension and retirement funds?   These...

A properly drawn and executed will (your “Last Will and Testament”) is the only way for you to ensure that your loved ones are properly looked after once you are gone.  Perhaps most importantly, only by making your own will can you specify who is to inherit what from you. But is your “Freedom of Testation” limited in any way? Can you disinherit your spouse, or your children? Who chooses who will benefit from your pension and retirement funds?   These...

Forewarned is forearmed!  Here’s another warning about cyber-scams in the property industry because the more they increase, and the cleverer they become, the more vital it becomes for you to be aware of them and to protect yourself from them. Remember that you become a prime target when you buy or sell property – the rich pickings on offer when property is involved make sure of that. So we’ll have a look at how these cyber-scams work, at how you can protect yourself...

Forewarned is forearmed!  Here’s another warning about cyber-scams in the property industry because the more they increase, and the cleverer they become, the more vital it becomes for you to be aware of them and to protect yourself from them. Remember that you become a prime target when you buy or sell property – the rich pickings on offer when property is involved make sure of that. So we’ll have a look at how these cyber-scams work, at how you can protect yourself...

Forewarned is forearmed!  Here’s another warning about cyber-scams in the property industry because the more they increase, and the cleverer they become, the more vital it becomes for you to be aware of them and to protect yourself from them. Remember that you become a prime target when you buy or sell property – the rich pickings on offer when property is involved make sure of that. So we’ll have a look at how these cyber-scams work, at how you can protect yourself...

Buying a property, whether to live in, work in or just as an investment, invariably involves a substantial amount of money changing hands. Whether you are the seller or the buyer, the last thing you want is for the money to be stolen by a dishonest transferring attorney. If it happens, who carries the loss? Must transfer still be passed to the buyer? Who must lodge a claim with the Legal Practitioners Fidelity Fund and hope that it pays out without delay? A recent High Court case involvin...

Buying a property, whether to live in, work in or just as an investment, invariably involves a substantial amount of money changing hands. Whether you are the seller or the buyer, the last thing you want is for the money to be stolen by a dishonest transferring attorney. If it happens, who carries the loss? Must transfer still be passed to the buyer? Who must lodge a claim with the Legal Practitioners Fidelity Fund and hope that it pays out without delay? A recent High Court case involvin...

Buying a property, whether to live in, work in or just as an investment, invariably involves a substantial amount of money changing hands. Whether you are the seller or the buyer, the last thing you want is for the money to be stolen by a dishonest transferring attorney. If it happens, who carries the loss? Must transfer still be passed to the buyer? Who must lodge a claim with the Legal Practitioners Fidelity Fund and hope that it pays out without delay? A recent High Court case involvin...

Selling property, particularly your own home, is one of the more stressful events in life. Will you get the right buyer? The best price? What if it all goes wrong? Then an offer comes in that is acceptable, but not perfect. If for example there is a bond clause and the buyer’s bond application fails a month down the line you’ve lost all that valuable marketing time. You’ll never know whether you just missed the “perfect offer” while your buyer filled out bank fo...

Selling property, particularly your own home, is one of the more stressful events in life. Will you get the right buyer? The best price? What if it all goes wrong? Then an offer comes in that is acceptable, but not perfect. If for example there is a bond clause and the buyer’s bond application fails a month down the line you’ve lost all that valuable marketing time. You’ll never know whether you just missed the “perfect offer” while your buyer filled out bank fo...