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"Caveat emptor" - Let the buyer beware! Seek legal advice before you sign any deed of sale or offer to purchase
We thought you may be interested to have the low down on Capital Gains Tax (CGT) valuations
The term "conveyancing" describes the legal process whereby rights in fixed property are registered in the deeds office. These rights include ownership, mortgage, servitude, mineral rights and others. All these rights vest legally in a person only on registration
Purchaser's right to revoke offer or terminate deed of alienation
In light of the continuing increase in values of immovable property in recent times it is prudent to have an attorney draft the sale agreement after consulting the parties.
With interest rates still low and home prices soaring, more and more couples are committing to home ownership before committing to marriage. But there are some special considerations involved with buying a home for an unmarried couple, and couples should be aware of their rights should something go wrong.
Courts will in future be called on to determine whether the sale in execution of houses to settle debt is justifiable, the Constitutional Court ruled.
If you do not insist on seeing a copy of the title deeds and surveyor-general's diagram when buying vacant land, your plans to build that dream home could become a nightmare.
The court discussed the efficacy of the acceptance of the buyer’s offer after the date for acceptance had lapsed and concluded that the seller was bound by such acceptance.
Buy-to-let investors often choose to invest in sectional title units as opposed to freehold properties, first because unit prices are often lower and also they can offer better value for money due to the shared amenities
It is proposed that for a limited period only, companies whose sole asset is a domestic residence and whose shareholders are the individuals that use that domestic residence as their home will be able to distribute the domestic residence to the shareholders with no CGT, transfer duty and STC becoming payable.
If you want to use a company as a vehicle to own a property don’t do it via a shelf company.
It is extremely unwise to hide any problems in your home from a prospective buyer.
Contracts of sale of property always include a "voetstoots" clause. Sellers and purchasers enter into this agreement without really understanding what this clause entails.
The effect of recent amendments is that if you decide to take advantage of this opportunity you will still be responsible for other costs associated with the transfer of immovable property, such as conveyancing fees and bond cancellation costs but will not be saddled with transfer duty, CGT and STC.
Include a date for fulfilment of a suspensive condition
Chapter 3 of the Rental Housing Act, 1999 deals with the rights and obligations of tenants and landlords
The Cape High Court has ordered the City of Cape Town to register a fixed property in the joint names of a divorced Muslim couple (even though their marriage was not legally recognised)