Tag: property act

25
Jun

One Bad Letter and Your Eviction Falls Apart

A tenant may be in clear breach of a lease, but that does not guarantee a successful eviction. A recent High Court judgment shows how an unclear cancellation notice and a failure to follow the correct legal process can derail an otherwise strong case, leaving landlords with an expensive lesson in the importance of getting the basics right.

26
May

Dodgy Deck: When a Property Defect is Your Problem, Not the Seller’s

Article courtesy of Law Dot News | Property Defects When a Property Defect is Your Problem, Not the Seller’s “The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs claimed of just over R100 000. The facts are not complicated.
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26
May

Your Property Purchase Collapses: Can You Get Your Deposit Back?

Article courtesy of Law Dot News |Property Law | Property Purchase Collapses Property Purchase Collapses: Can You Get Your Deposit Back? “A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for
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26
Aug

Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets

Article courtesy of Law Dot News | Delict Claims |Civil Claims | Property Neighbours’ Facebook Feud... “Dance like no one is watching, but text, post, and email like it will be read in court one day.” (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community
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28
Jul

Your House Burns to the Ground: Can You Hold the Seller Liable?

Article courtesy of Law Dot News | Property | Property Law | Property Act Your House Burns to the Ground: Can You Hold the Seller Liable? “Time shall unfold what plighted cunning hides.” (William Shakespeare, in King Lear) A recent High Court judgment confirms, yet again, that if a property seller knows about a hidden defect and keeps it quiet,

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29
Jan

“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?

Article courtesy of Law Dot News | Property - Loadshedding “Pay Extra for My Generator or I’ll Cut You Off During Loadshedding” Loadshedding continues to plague us and our businesses, and when tenants are connected during power cuts to their landlord’s alternative power source – such as a generator – it is essential for both parties to understand their respective
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26
Oct

A Costly Case of Buyer’s Remorse

Article courtesy of Law Dot News | Property Law A Costly Mistake of Buyer's Remorse “Caveat subscriptor” – old legal maxim meaning “Let the signer beware!’ Property Law - A recent High Court decision once again highlights the dangers of signing anything without reading, understanding and fully considering it. A “Renovator’s Dream” and a case of buyer’s remorse A couple
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26
May

Property Buyers: The Danger of Not Doing Your Financial Homework

Article courtesy of Law Dot News | Property Buyers & Property Sale Agreement Property Buyers: The Danger of Not Doing Your Financial Homework “Look before you leap” (wise old proverb) Don’t let the excitement of buying a property blind you to the necessity of doing your homework before you agree to anything. Look before you leap! It’s not just a matter of
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26
May

Landlords: Zoning Law Contravention Could Invalidate Your Lease

Article courtesy of Law Dot News | Property - Zoning Law Landlords: Zoning Law Contravention Could Invalidate Your Lease “…it is a general rule that a contract impliedly prohibited by statute is void and unenforceable…” (extract from judgment below) Here’s yet another warning from our courts of the importance of complying with your local municipal zoning laws, whether you buy
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26
Jan

How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February

Article courtesy of Law Dot News | Property Act How the Property Practitioners Act Affects You as a Property Seller, Buyer, Landlord or Tenant from 1 February “… a property is an asset to enhance economic activity, growth and development…” (extract from preamble to the Property Practitioners Act) The Property Practitioners Act (“PPA”) finally comes into effect on 1 February
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