This surprising revelation came to mind, when we assisted two young South Africans who are now living permanently in England. They naturally wanted their own antenuptial contract, as they know it, to be registered in England; only to find out that there is no such thing as an Antenuptial contract in England and even more […]
Did you know that there are no Antenuptial contracts in England? Read More »
A client who was married in community of property, wanted to know why the proceeds of their sale, were not paid to him exclusively, in his capacity as the husband, on behalf of marriage in community of property? He obviously had done some research and had noted that if the property had previously been registered
Marriage is one of the most important decisions that a person will make in their lives and when the excitement of gowns and venues has calmed down, serious thought must be given to the manner in which to be married. Don’t assume you and your partner are both on the same page. It’s hard to
The property is registered at the Deeds Office into the name of the purchaser; The transferring attorneys send a letter to the municipality stating that registration has occurred; Within eight weeks of registration of the property, the Deeds Office sends information via direct link to the municipality so that they may update their systems; The
The Process of Opening and Closing a Rates Account with the Municipality Read More »
One or more people purchasing property together or jointly with others, is becoming more and more prevalent. This is mainly because it is becoming increasingly difficult for young individuals to raise the purchase price and the costs required to buy a property. Accordingly, many decide to pool their assets in order to take their first
Co-ownership and buying property jointly with a partner Read More »
When a disgruntled purchaser telephoned one of our conveyancers to complain that the “Property Condition Report was contradictory and therefore, a completely useless document”; we were not surprised. He was referring to the seller who had stated in writing that he was not aware of any damp, despite the fact that there was a large
The Ineffective Property Condition Report is not legal and should be replaced Read More »
Purchasers of second hand houses have been surprised to learn that the Consumer Protection Act does not offer them any protection against estate agents and sellers of these houses. Ever since the Consumer Protection Act (“CPA”) came into force on 29 April 2009 confusion has reigned about whether or not this legislation applies to the
Estate Agents and Sellers excluded by the Consumer Protection Act? Read More »
There are a whole host of documents and certificates that are required to prepare for your property transfer. Not knowing what they are, how and where you can get them from may delay your transfer significantly! Conveyancers will generally obtain the regular certificates as part of their service. Rates Clearance Certificate (“RCC”). The seller is
What paperwork is required for my Property Transfer? Read More »
There are 2 different categories of trust accounts, both of which are very closely controlled by an Act of Parliament, The Attorneys Act, The Rules of The Law Society, The Attorney’s Fidelity Guarantee Fund, as well as frequent regular audits in terms of the International Standards on Accounting and the Joint Attorneys and Accountants Committee,
Who gets the interest if money is paid into a trust account? Read More »
You ask both purchasers what their best price will be and request them to sign an offer to purchase for that price. An offer without putting pen to paper should not be taken seriously and the purchaser should be requested to complete and sign a written offer to purchase. The Alienation of Land Act provides that
Two people want to buy my property- What do I do? Read More »
