Legal Articles

The Property Practitioners Act was introduced to replace and modernise the outdated Estate Agency Affairs Act, which had been in place since 1976.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.

Read the rest of entry »

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?

Read the rest of entry »

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. 

Read the rest of entry »

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.

Read the rest of entry »

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.

Read the rest of entry »

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.

Read the rest of entry »

Silver Linings by Dr Roelof Botha

Following a fairly subdued first five months of the year, the prices of platinum group metals (PGMs) suddenly came to light in June. Between 2 January and 2 July, the increases in the prices of platinum, palladium, rhodium and ruthenium amounted to 49%, 30%, 20% and 63%, respectively.

Read the rest of entry »

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.

Read the rest of entry »

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.

Read the rest of entry »

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. 

Read the rest of entry »