Posted on 7/14/2025 1:25 PM By Cor van Deventer
The Property Practitioners Act was introduced to replace and modernise the outdated Estate Agency Affairs Act, which had been in place since 1976. The Act came into effect on 1 February 2022, ushering in a new regulatory era for estate agents, property brokers, auctioneers, and other professionals involved in property transactions.
Posted on 7/11/2025 5:24 PM By Cor van Deventer
A recent judgment handed down by the Western Cape High Court has brought much-needed clarity to a question that estate agents, sellers, and property attorneys frequently encounter: Can a party claim commission simply because they facilitated a sale — even if they're not named in the signed sale agreement?
Posted on 7/10/2025 2:53 PM By Cor van Deventer
Waterfall Estate operates on a 99-year leasehold system — but unlike a standard fixed-term lease, this agreement is automatically renewable, making it a far more stable and enduring arrangement than the term might initially suggest. Under this model, residents do not purchase the land itself. Instead, they acquire a long-term leasehold right to occupy and use the property for a 99-year period.
Posted on 7/9/2025 4:13 PM By Cor van Deventer
Under South African law, estate agents and property practitioners are held to strict compliance standards — especially when it comes to their entitlement to commission. One of the most critical of these requirements is holding a valid Fidelity Fund Certificate at the time of performing any estate agency service.
Posted on 7/8/2025 2:29 PM By Cor van Deventer
A recent ruling by the Johannesburg High Court has reaffirmed that customary marriage in South Africa is not exempt from legal safeguards — especially when it comes to polygamy. In a case brought by a first wife, the court declared her husband’s second customary marriage invalid on the grounds that he had not obtained her consent, as required by law.
Posted on 7/7/2025 12:47 PM By Cor van Deventer
A notarial tie is a restriction registered against two or more properties, binding them together without merging their titles. Consolidation, by contrast, physically combines the properties into a single erf with one title deed. Although both are used to satisfy zoning or planning conditions, each carries distinct consequences for ownership, development, and future transactions.
Posted on 6/26/2025 8:32 AM By Cor van Deventer
Transfer duty is a tax levied by the South African Revenue Service (SARS) on the acquisition of fixed property when the seller is not a VAT vendor. Transfer duty must be paid before the property can be registered in the buyer’s name, and proof of payment is submitted to the Deeds Office during the transfer process.
Posted on 6/25/2025 8:24 AM By Cor van Deventer
A suspensive condition suspends the effect of a sale agreement until a specific event occurs — typically bond approval, the sale of another property, or municipal clearance. If the condition is not fulfilled by the agreed deadline, the agreement lapses without consequence. But that simplicity is deceptive.
Posted on 6/24/2025 1:10 PM By Cor van Deventer
When purchasing property in South Africa, various legal professionals play distinct roles in ensuring that the transaction is compliant, secure, and properly registered. Two of the most crucial players in this process are bond attorneys and transfer attorneys. While their work overlaps in timeline and coordination, their mandates, appointment processes, and responsibilities differ significantly.
Posted on 6/23/2025 11:41 AM By Cor van Deventer
For a will to be effective, it needs to be legally valid, clearly worded, and administratively workable. Many individuals mistakenly believe that because they’ve put their wishes in writing, those wishes will automatically be fulfilled. In reality, poorly structured or incomplete wills often create confusion, delay, and even legal disputes during the administration of the estate.