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Property Law and Sectional Title
Struggling to get your Fidelity Fund Certificate from the PPRA? Learn your rights, risks, and how VDM Attorneys can compel action to protect your commission.
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Joint mandates, “effective cause,” and double commission - how landlords, agents and buyers can avoid costly disputes. Summary of Remax vs Kapstadt case.
Thinking of buying into a sectional title or estate in South Africa? Here’s what every buyer should know about levies, rules, CSOS, and community living.
Since the Protection of Personal Information Act (POPIA) came into effect, businesses across South Africa have been scrambling to update contracts, change systems, and create new policies. While compliance is essential, we’ve seen many organisations go overboard — quoting legislation at clients, adding unnecessary red tape, and making business harder than it needs to be. At VDM Attorneys, we believe that POPIA compliance should be practical, proportionate, and effective. Let’s unpack what you really need to know.
In Johannesburg, residents can apply to close off public roads with security booms, gates, or guardhouses. This is regulated by the JRA’s Road Closure Policy and requires formal approval before implementation.
Johlene Wasserman, Director of Community Schemes and Compliance at VDM Law, confirmed that the Community Schemes Ombud Service (CSOS) has issued a Practice Directive that represents a substantial shift in how community schemes are regulated and enforced. The directive, signed and published on 18 July 2025, sets out uniform standards for addressing a range of governance issues, including the treatment of pets, the imposition of fines, and the regulation of domestic workers.
In property sales, the most contentious issues rarely surface during negotiations — they emerge after transfer, when defects are discovered and expectations collide with reality. South African law draws a clear legal distinction between latent and patent defects, and that distinction often determines who carries the cost when problems arise.
The Property Practitioners Act imposes a detailed and enforceable framework for how property practitioners must conduct themselves in practice. It touches everything from how records are stored and how deals are marketed, to who you can work with and what happens if you get it wrong.
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?
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.
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