A Bond Clause Deadline Whooshes by and a Sale Dies – Can You Revive it?
“I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams in The Salmon of Doubt) Contracts often contain suspensive conditions, a common example being the bond clause in a property sale agreement. The standard bond clause provides that the buyer must obtain a bond by a set deadline, and […]
Private Prosecution: Neighbours at War
“I charge you by the law.” (William Shakespeare in The Merchant of Venice) Victims of crime are entitled to see the perpetrators brought to justice. Feeling that the justice system has failed you can cause significant psychological harm and feelings of victimisation. So, what happens if you believe that you are the victim of a […]
A R4.25m Warning to Choose Your Conveyancer With Care
“Trust me, I’m a lawyer.” (Popular T-shirt slogan) South African property buyers and sellers will have been cheered by news that we are now officially the most affordable country in the world in which to buy a home. We’re only a nose ahead of the USA and Bahrain in this particular race, but it’s great […]
How to Avoid Fighting Over the House – A Guide for Life Partners
“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come off and, particularly if our erstwhile […]
When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse
“Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in love with that old dump?” haunt you. You may have a strong urge […]
Can a Body Corporate Cut the Power? It’s Complicated
“A body corporate’s lot is not an easy one.” (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process. Good news for trustees is that it just became a […]
Budget 2.0: A Mixed Bag, With Good News for Property
“Good in parts” (Like the curate’s egg) Transfer duty threshold increased by 10% You pay no transfer duty if the property you are buying sells for less than the set threshold. The threshold wasn’t increased last year, so this year’s proposed 10% increase from R1,100,000 to R1,210,000 (from 1 April) is a welcome adjustment for […]
Why You Should Check That Your Estate Agent is Registered With the PPRA
“All that glisters is not gold” (William Shakespeare in Merchant of Venice) Buying or selling a home could be one of the most important financial decisions you’ll ever make. It’s an exciting time – but don’t lose sight of the need to tread with care. A key player in the process is likely to be […]
Mortgage Bond Arrears: Can You Challenge a Certificate of Balance?
“O, I do not like that paying back.” (Falstaff, in Shakespeare’s Henry IV Part I) A standard clause in loan agreements, suretyships and the like is the “certificate of balance” or “COB” clause. Typically, it will read something like this (but normally with a lot more verbiage, and bear in mind that every lender has […]
A Complex Issue: Beware Late Building Penalties
“Home wasn’t built in a day.” (Jane Ace, radio comedian) You find the perfect plot on which to build your dream home in a security estate. Your offer is accepted and transfer proceeds – happy days! So, imagine your distress when, having proudly taken ownership, you are suddenly told by the HOA (Homeowners’ Association) that […]