Tag: property law

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
Mar

Buying a House: What Costs Will You Pay, and When?

It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on?
We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.

26
Mar

Considering Using Sequestration to Recover Levies? Think Again

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.

26
Aug

Panhandle Access to Properties – The Mistakes to Avoid

Article courtesy of Law Dot News | Property | Property Law Panhandle Access to Properties – The Mistakes to Avoid “You aren’t buying a house, you’re buying a lifestyle.” (Anon) As more and more residential properties are subdivided and developed, an increasing number of homes are effectively cut off from direct access to the nearest public street or road. That’s
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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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25
Sep

Three Ways to Protect Yourself from the Nightmare Neighbour in Your Complex

Article courtesy of Law Dot News | Property - issues with neighbour Protect Yourself from the Nightmare Neighbour “A bad neighbour is a misfortune, as much as a good one is a great blessing.” (Hesiod, 700 BCE) It seems that every community has at least one nightmare neighbour who delights in objecting to everything, fighting with residents and management at
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25
Jun

Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!

Article courtesy of Law Dot News | Criminal Law - Property Phishing Scam Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake! “[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk” (extract from judgment below) Cybercriminals absolutely love targeting property transactions because they provide the perfect mix
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25
Apr

Rising Damp and Failed Waterproofing: How to Sue the Sellers

Article courtesy of Law Dot News | Property Law Rising Damp and Failed Waterproofing: How to Sue the Sellers “[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true

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25
Mar

Property: Why Do You Need an Occupancy Certificate Before You Buy?

Article courtesy of Law Dot News | Property Law - Occupancy Certificate Property: Why Do You Need an Occupancy Certificate Before You Buy? “…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into
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