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We are pleased to present below all posts archived in 'May 2025'. If you still can't find what you are looking for, try using the search box.
Transfer duty is often confused with transfer fees, but the two are not the same. While transfer duty is a tax paid to the government, transfer fees refer to the professional legal fees paid to a conveyancing attorney for managing the legal transfer of ownership. Both are payable during the transfer process, but they serve very different purposes.
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Choosing trustees is one of the most consequential choices you will make when establishing a trust. Trustees are the people—or professionals—who will hold legal control over the assets in your trust and make decisions that directly affect your beneficiaries.
Some stakeholders have argued that, due to the rise in crime in certain neighbourhoods, automated systems enhance security in gated areas. They believe the existing policy does not adequately reflect this benefit. As a result, the proposed amendments now include provisions that would allow the installation of automated security systems, provided certain requirements are fulfilled.
A Rates Clearance Certificate is an official document issued by the local municipality confirming that all municipal charges linked to a property have been settled. This includes rates, water, electricity, refuse removal, and sewerage services — along with an advance payment covering a few months beyond the application date.
A contract is only enforceable under South African law if it meets certain essential requirements. At its core, a legally binding contract is an agreement between two or more parties with the intention to create enforceable obligations.
In most cases, South African banks require 90 days’ written notice before a bond can be cancelled. If this notice is not given, or if the bond is cancelled before the notice period expires, the bank is entitled to charge early termination fees. These costs are in addition to the standard legal and administrative fees involved in bond cancellation.
A property compliance inspection is a formal assessment carried out by a qualified inspector to determine whether certain features of a home meet South Africa’s safety regulations. These inspections focus on systems that pose a risk if they’re not correctly installed or maintained — such as electrical wiring, gas appliances, water systems, or electric fences.
Estate agent commission in South Africa is not fixed by law. It varies widely based on the agent, the mandate agreement, the market conditions, and, crucially, what the seller agrees to upfront. This creates both an opportunity and a risk: sellers can often negotiate better terms, but they can also find themselves locked into unfavourable commission arrangements.
The building at 101 Rissik Street, which has housed the Johannesburg Deeds Office for years, has been in a state of disrepair for some time. The situation escalated in April 2024 when a sewage leak flooded the basement, prompting widespread outcry and renewed pressure from the legal profession for decisive action.
Company liquidation is a formal legal process used to wind up a business. It involves selling off the company’s assets, using the proceeds to pay off creditors, and ultimately deregistering the company.
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