Maintenance of a sectional title scheme can appear straightforward, but the reality is that disputes arise frequently regarding maintenance issues relating to sectional title units. This is often the result of the complex relationship of close-quarter living and the shared form of ownership represented by sectional titles. Making things even more complicated is the silence of the Sectional Titles Act on...
Section 3
Most people who have bought a property may have noticed a clause dealing with suspensive conditions in the contract of sale. Usually, these conditions relate to deposits that need to be paid, financing that has to be procured, and/or another property that needs to be sold before the sale can be confirmed. The interpretation appears straightforward enough – meet the requirements, and the contract is...
They are referred to by various common terms in the property industry. The official term is a deed of sale under the Alienation of Land Act 1981 (because this Act is the fundamental legislation defining terms deeds of sale), but most practitioners and the general public casually call them ‘selling on the deed of sale’. This is a bit of a misnomer because all normal cash sales and cash-and-bond sales...
Problems with Zero-Rating SARS has reviewed its approach to the payment of transfer duty or VAT on property sales. It has tightened many of its requirements, and it is important for all role-players in the industry to know what these are. All of these new restrictions apply to VAT-related sales, whether they are zero-rated or normal VAT payment transactions. SARS has issued a directive in terms of...
Over and above all the emotional and financial tension it causes in the life of a person and their family, there will be several steps that a homeowner will need to take before the problems accompanying such an experience can be resolved The homeowner needs to report the matter to the nearest police station. A case number is required by most insurance companies. Thereafter, the complaint will be...
“I found a photographer online who could take our wedding photos. We started communicating on WhatsApp, and she confirmed she was available and gave me her prices, which I confirmed looked reasonable. I never told her that I would use her and eventually found someone else. When I informed her that I would not use her, she just replied that we had an agreement and she would claim her fees from me if I did...
Damages that flow from the failure to make payment timeously have recently been the subject of debates in the Supreme Court of Appeal (SCA). As a result, a number of principles emanating from a creditor’s right to claim interest have been formulated in several reported cases. Certain of the principles include the following: If a debtor is late with payment of a money obligation under a...
Typically, landowners create duets on land that cannot be subdivided for various reasons. Instead, landowners establish a sectional title register with only two units. These may be two separate dwellings, or they may be semi-detached and are commonly known as duets or semi’s. Often, landowners prefer establishing these small sectional title schemes to subdivision due to cost implications, as it might...
1. Lapsing or Manipulating Bond Grants When buyers want to get out of deals, they sometimes go to their banks to encourage them to withdraw their loans. This happens mainly when their transfers are being delayed for any reason. Usually, they are aware that they are committing a serious breach of contract if they deliberately do this, so they use more clandestine ways of hiding their intentions. They...
Our present constitution came into effect in 1996 and is the Supreme Law of South Africa. It is stated in Chapter 1 that any law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. No matter what act is brought into effect by the Government or what decision is made by a court, it is important to note that they can always be appealed at the Constitutional Court,...