How Does the New Divorce Act Ruling Affect You?
Media reports of the recent Constitutional Court decision holding a section of the Divorce Act unconstitutional and giving Parliament 24 months to remedy that haven’t always been clear about who needs to be aware of this, and who doesn’t. Firstly, understand the three “marital regimes” available to you Legally, marriage amounts to a binding contract, […]
Selling Your House to a Non-Resident
South Africa is attractive to overseas property buyers with our world-class lifestyle, depreciated Rand, strong property registration and legal systems, and minimal restrictions against non-resident property ownership. Which is of course great news for property sellers in any area popular with foreign investors. Coastal and other tourist-friendly areas will appeal particularly to buyers wanting a […]
A Costly Case of Buyer’s Remorse
A recent High Court decision once again highlights the dangers of signing anything without reading, understanding and fully considering it. A “Renovator’s Dream” and a case of buyer’s remorse “Let the signer beware!” Bottom line – sign nothing without understanding exactly what you are agreeing to.
Landlords: You cannot cut a defaulting tenant’s water and electricity
“A fundamental principle in issue here is that nobody may take the law into their own hands. In order to preserve order and peace in society the court will summarily grant an order for restoration of the status quo where such deprivation has occurred, and it will do so without going into the merits of […]
Property buyers: The danger of not doing your financial homework
“Look before you leap” (wise old proverb)Don’t let the excitement of buying a property blind you to the necessity of doing your homework before you agree to anything. Look before you leap! It’s not just a matter of buying the right property at the right price – make sure that your finances (and particularly your […]
Buying Property as an Investment – Some Strategies for Success
“The only bad time to buy property is later.” (Steve Bolton) Buying property – whether to live/work in or on a buy-to-let basis – could be one of the most important investments you make. Here are some strategies to help you on your way. Twelve strategies for success Map out your investment goals: Do you […]
Building in security estates: The ‘persuasive sting’ of penalty levies
“… had the respondent imposed more moderate penalties, it would likely not have had the desired effect, or put differently, the same persuasive sting for individuals of substantial means.” (Extract from judgment below) Buying “plot and plan” in a residential complex allows you the freedom to build your own dream house in a secure environment, […]
Owning property jointly – The rewards, the risks, and the remedy
“Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to buying property jointly but be aware of the risks and take steps to lessen them before you put pen to paper. The problem comes if there is a falling-out with your co-owner. Perhaps you come to blows on your […]
Bodies corporate: Forcing access to units, and round robin resolutions
Owning your own property comes with a raft of benefits, including a general right to privacy and control over who can access your property and who can’t. But of course there are exceptions. And apart from the obvious ones, a recent High Court judgment highlights one that is particular to sectional title schemes. It involved […]
FLISP subsidy policy revised – no need for home loan to obtain government subsidy
In March, this year the National Minister of Human Settlements, Mmamoloko Kubayi announced that the Finance Linked Individual Subsidy (FLISP) has been delinked and is no longer just a mortgage only option. Furthermore, partnerships were established with external role-players such as financial institutions, conveyancing attorneys and property developers, granting them access to the Housing Subsidy […]