GOLDEX 16 (PTY) LTD V CAPPER NO AND OTHERS (543/2018) [2019] ZASCA 105 (4 SEPTEMBER 2019) Summary: Invalid written agreement of sale of immovable property – respondent signing agreement on behal...
HOW TO INVEST IN STUDENT ACCOMMODATION
At South African universities and colleges, a massive gap exists between the demand for accommodation on campuses and the available spaces in the official residences. With more and more students being...
HOW TO BECOME A SUCCESSFUL REAL ESTATE AGENT
You’ve chosen a career in real estate and cannot wait to get started, but you need to get your licence first. Now, what if we told you that getting your real estate licence is the easiest part of be...
ARE MUSLIM MARRIAGES RECOGNISED IN SOUTH AFRICA?
All marriages entered in terms of Islamic law, are currently not recognised as valid marriages. For a valid marriage to be recognised in South Africa one must get married in terms of civil law which i...
BEHOLDEN TO ANOTHER BY REASON OF MISTAKE
It may happen, that as a purchaser, the transferring attorney tells you that they need to correct a defect in a title deed. But that this correction means that you, as the new owner, will become liabl...
TIPS FOR INVESTING IN PROPERTY FOR RETIREMENT
Have you ever wondered if real estate is a sound investment? Well, it certainly can be! There are people out there who have invested in real estate and created a very comfortable lifestyle for themsel...
HOW DO OUR COURTS INTERPRET WILLS AND TESTAMENTS?
It is trite that the law of succession aims to give effect to the wishes of the testator. Accordingly, when a person passes on and leaves a will or a testament, it is the duty of the court interpretin...
DIFFERENT TYPES OF HOME LOANS
In today’s economy, homebuyers often struggle to scrape together the money needed in order to buy their dream homes. Therefore, home loans have become so popular among prospective home buyers. New h...
THE PROCESS OF WINDING UP AN ESTATE
A deceased estate comes into existence following a person’s death, whether they leave behind a valid Will or not. The process of winding up a deceased estate can be overwhelming for the deceased’s...
CASE LAW CHANGES
For interests sake Repo rate reduction The Monetary Policy Committee yesterday reduced the repo rate (the rate that the Reserve bank charges interest on money lent to South African Banks) by 0,25%. Th...
ESI ATTORNEYS OFFERS DECEASED ESTATES MANAGEMENT AND DRAFTING OF WILLS
ESI Attorneys Estate Department is headed by Mariska Fieberg who holds a BCom LLB and MBA from the University of the Free State. Mariska has more than 15 years’ experience in estate and trust admini...
HOW SECURE IS THE ESTATE YOU LIVE IN?
Choosing to live in a secured residential estate in South Africa is becoming ever more popular with South Africans. Entering your estate whilst security guards watch out for unknown assailants that ma...
WHAT IS THE BUSINESS JUDGMENT RULE?
When running a business there are going to be times where the directors in charge will have to make difficult decisions and take risks in order to either save the company or to seal a big deal and gai...
THE RIGHTS OF A DOMESTIC PARTNERSHIP
Domestic partnerships, also known as cohabitation relationships, are becoming more common in our modern day society, and it therefore becomes ever more important for parties to understand the differen...
72-HOUR CLAUSES – WHAT YOU NEED TO KNOW
In most, if not all, Offers to Purchase and signed Deeds of Sale, a 72-hour escape clause, or continued marketing waiver or clause, will be found. This clause, if used correctly, will permit the Selle...
PRINCIPALS BEWARE, ENSURE YOUR FIDELITY FUND CERTIFICATES ARE CORRECT
Any estate agency needs interns to function, they help generate new leads, assist with the marketing of the agency and ultimately bring in sales which generate commission. When employing or signing co...
THE SOUTH AFRICAN LAW OF SUCCESSION
Mr Reyneke owns a farm in South Africa and in terms of his last will and testament he bequeathed the said farm to his two sons in equal shares. Mr Reyneke died in 2019 and the executor of his estate r...
MY NEIGHBOURS ARE RENOVATING THEIR HOUSE
What one’s neighbour builds on their property, is not something the owner of the neighbouring property has a lot of control over. Unfortunately, it can have a negative impact on your property if the...
SALE OF PROPERTY AGREEMENTS: TYPES OF CLAUSES
Non-refundable or Forfeiture Clause Sellers are sometimes sold on the idea of including a non-refundable deposit clause in the Contract of Sale. More often than not, sellers are under the impression t...
INSTALMENT SALE AGREEMENTS
The Constitutional Court in Amardien and others v Registrar of Deeds and others (Women’s Legal Centre Trust Amicus Curiae) [2018] JOL 40619 (CC), on 28 November 2018, handed down judgment in a matte...
HOMEOWNER’S INSURANCE FOR LANDLORDS
Apart from paying off a bond on a rental property, property investors/landlords are usually also paying for homeowner’s insurance. What is homeowner’s insurance? Homeowner’s insurance covers the...
PRIVATE USE OF GROUNDWATER RESOURCES IN THE CAPE TOWN METROPOLE: HOW IS IT REGULATED?
This article will provide a brief overview of how the abstraction and usage of groundwater resources are regulated, with specific reference to the Cape Town Metropole which has made headlines over the...
WHAT TO LOOK OUT FOR BEFORE BUYING A PROPERTY
You’ve searched far and wide for the perfect home for you and your family, and you’ve finally found it, or so you thought. Buying a home, especially for the first time, is as overwhelming as it is...
THE ECONOMY AND THE PROPERTY MARKET IN 2019
There is no doubt that 2018 was a very challenging year for both the economy and the property market. As 2019 is in full swing, you can’t help but wonder what challenges this year will hold for both...
TYPES OF HOME INSURANCE
You’ve searched everywhere for the perfect home and you’ve finally found it and made it your own. But what if something were to happen to your home? This is where home insurance comes in. Home ins...
WHEN DOES A FOREIGN SYSTEM OF LAW APPLY TO YOUR CONTRACT?
It is a requirement in the South African Law of Contract that, for a contract to come into existence, an offer to contract must be made by one party to the agreement (“the offeror”), which must th...
DIVORCE AND PROPERTY: THE TRANSFER OF IMMOVABLE PROPERTY AFTER A DIVORCE
When does a spouse, who is entitled to receive half share in immovable property, become the owner of that half share? Does ownership of the half share vest immediately upon granting of a divorce order...
HOW DO I CANCEL A LEASE?
What happens when a landlord or a tenant wants to cancel a lease? What rules and what legislation apply? What protection does the law provide? If you want to end your lease early, this can be done in ...
THE BASICS OF ESTATE DUTY
When a person dies, they leave behind an estate which includes everything they own. Estate Duty is payable on the estate of every person who dies and whose nett estate is in excess of R3,5 million. ...
DECEASED ESTATE TRANSFERS
During a person’s lifetime he/she will accumulate assets as well as liabilities. The assets can be immovable or movable assets or cash. Assets may include a house, vehicles furniture and cash. The l...
ANTENUPTIAL CONTRACTS: WITH OR WITHOUT THE ACCRUAL SYSTEM?
If you don’t have an ANC, you are automatically married in community of property. This means that there is one estate between a husband and a wife. Everything is shared equally between spouses, whic...
A MAELSTROM IN THE MAKING, LOST OR DESTROYED YOUR TITLE DEED?
REPLACING IT JUST BECAME A WHOLE LOT MORE COMPLICATED… AND EXPENSIVE… Many a time a property owner will have misplaced his or her Holding or Title Deed for the property they intend to sell. It can...
THINGS TO CONSIDER AND BE AWARE OF WHEN BUYING A HOUSE ON BANK AUCTION
The Western Cape High Court, on 14 December 2018, handed down a consolidated judgment in Standard Bank of South Africa Limited v Hendricks and Another et al and Absa Bank Limited v Louw. The judgement...
BUYING A PROPERTY ON AUCTION
Properties sold on auction is not necessarily the bargain buy everyone seems to think it is. This is because the property on auction isn’t necessarily being sold due to financial distress. In today...
RENTING PROPERTY UNDER DEBT REVIEW
“I’ve been struggling to pay off my debt and to manage my finances. As a result, I am now under debt review. Can I still rent a property even though I am under debt review?” The answer, in short...
BUYING PROPERTY ONLINE
We all know the hassle of moving, even if it is just around the corner. Due to family reasons, employment opportunities, or university studies, it is not uncommon for people to not only move down the ...
ESI ATTORNEYS WELCOMES SASKIA LOUW
Saskia Louw joined ESI in January 2019, as our Marketing Coordinator. Saskia trained as a paralegal at Terblanche Secretarial College after matriculating, and has 19 years’ experience as a conveyanc...