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Conveyancing and Property Transfers
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.
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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.
According to the city, persistent non-payment by property owners has significantly affected its ability to operate efficiently. In response, it has introduced a stricter enforcement mechanism, aimed at recovering debts before a transfer of ownership is finalised.
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.
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.
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.
When you apply for rezoning, you’re asking the municipality to approve a different use than what’s currently allowed. For example, turning a single residential stand into a multi-unit development site, converting a house into a set of offices, or changing a farm portion into suburban residential land.
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