I BOUGHT A PROPERTY THAT HAS PROBLEMS, WHAT NOW?

A seller’s protection under the “voetstoots” clause in a deed of sale for immovable property is not as “absolute” as some might think. It is still the seller’s duty to inform prospective purchasers about all latent (hidden) defects in a property. A seller’s failure to do so could cost the seller in the long run, […]

PREVENTING ILLEGAL EVICTION WITH THE PIE ACT

You have property and have rented it out. The tenant has decided that he can no longer afford the rent, and no letters or threats seem to make any difference to his decision. The tenant not only refuses to pay the rent, but he also fails to vacate the property. To put icing on the […]

EXECUTOR’S FEE AND MARRIAGE IN COMMUNITY OF PROPERTY

The Executor’s fee to which the Executor of your estate is entitled is regulated by law and is currently fixed at a maximum of 3.5% (plus VAT) of the total value of your estate. The Executor’s fee and the appointing of an Executor does, however, constantly pose a problem to many due to ignorance. The […]

FIRST TIME BUYERS TAKE NOTE!

Buying your first property can be both an exciting and daunting experience.  There are so many things to consider when making this major purchase. Therefore I have compiled a checklist that will assist first-time buyers when moving towards this purchase. Finances: Check your credit score.  You can contact a bond originator to do a pre-qualification […]

TROUBLE WITH THE NEIGHBOURS

You and your neighbour have been good friends for years; your children have grown up together and you have always thought of him as a reasonable man, but lately you’re not so sure. His trees’ branches overhang into your property, blocking your gutters with leaves, not to mention the root system creeping closer to your […]

THE IMPORTANCE OF THE INDEPENDENT TRUSTEE

A well-known court case, Land Bank of South Africa vs JL Parker and Two Others (the Parker case) irrevocably changed the requirements for independent trustees to be appointed and placed renewed focus on the duties and responsibilities of all trustees. As a result of the Parker case, most Masters of the High Court now require […]

DISPUTES WITH BODY CORPORATE: HOMEOWNERS’ REMEDIES

Recently, there was a matter where the trustees of the body corporate of a certain sectional title scheme clamped the wheel of the car of one of its homeowners because he did not park on his allocated parking bay. Even though the homeowner did not park on his allocated parking bay, he could not understand […]

EXTENDING A SECTIONAL TITLE UNIT: WHAT YOU SHOULD KNOW

Residents in a Sectional Title Scheme are subject to the rules and regulations of the Body Corporate. These rules and regulations are governed by the Sectional Titles Act. When you intend to make structural alterations to your unit there is a procedure prescribed by the Act that should be complied with before you start with […]

THE CREDIT AGREEMENT

If you default on a credit agreement and action is taken against you by the credit provider, you still have time, according to Section 129(3)(b) read with 129(3)(a) and S129(4) of the National Credit Act (“NCA”)[1] as well as the case of Firstrand Bank Limited v Nomsa Nkata[2] to re-instate the credit agreement until the […]

HOW TO MANAGE YOUR DEBT

Alecia had big financial problems; she had too much debt and her expenses outweighed her income. She decided to open a new bank account into which her salary could be paid, which would ensure that she could manage her salary before her monthly debit orders went off. Alecia thought it would be a good idea […]

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