Security Estates: Are your rules enforceable?
“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below) When you choose to buy into a security estate or other community scheme, you will invariably […]
Trustees: Your risk of personal liability in property sales
Firstly, a warning to anyone selling or buying property to/from a trust – have your lawyer check upfront that you are adequately protected by the terms of the sale agreement. The problem is that contracting with trusts has its own specific set of rules and, as a recent High Court case illustrates, standard sale agreements […]
Sellers and Landlords: Using an unregistered Estate Agent
With media reports suggesting that up to 50,000 agents may be operating without the required Fidelity Fund Certificate (FFC). The real figure is likely to be a lot less in that many former agents have probably just closed up shop in the last 10 years, but even so there is a chance that the agent […]
Plot-and-Plan: Great option, just beware the building deadline
“Buy land, they’re not making it anymore” (Mark Twain) Buying a house is an important and exciting experience. One of the first decisions you must make is whether to buy an existing house (the “turnkey” option) or to buy from a developer on a “plot-and-plan” (“off-plan”) basis. Which option is best for you only you […]
Save by allowing us to market and sell your home via the Attorney Realtor Hub
If you’re in the market to sell your home you might be interested to know that the Attorney Realtor Hub (ARH) provides attorneys with high end property sales management technology, enabling them to sell the properties of their clients in an efficient way, thus at a lower commission. Attorneys are encouraged to market and sell […]
Verbal agreements: The property perspective
“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) A recent High Court judgment is yet another reminder of how essential it is to comply with all necessary formalities when entering into any sort of agreement, particularly when dealing with the sale of property. A fight over eviction and a property transfer […]
Attorneys selling properties: The ARH website is up and running!
The ARH website is now live: www.attorneyrealtorhub.co.za. Who should join this? Attorneys who want to market and sell the properties of their clients. What does the website offer? It offers proptech tools and guidance for attorneys to market and sell properties better, easier and more cost efficiently. What does it cost? Right now it will […]
Attorneys selling properties: Better, easier and cheaper
Since November 1998, when I started Chris Fick & Associates, we have been assisting our clients with the private marketing and selling of their properties. Over the last few years it has become much more viable to market and sell properties through the online tools available to owners and attorneys. Some of my clients do […]
Your property sale agreement: Be careful how it’s worded!
“In war and litigation, both sides suffer” (old Roman proverb) Here’s yet another reminder from our courts on how important it is – if you want to avoid the trials of litigation – for you to have your property sale agreement drawn up professionally. One thing it must do, as the case in question clearly shows, […]
BUYING A PROPERTY AND NEED A HOME LOAN? 8 REASONS WHY A HOME LOAN PRE-QUALIFICATION MAKES SENSE
Buying a property is most likely the largest investment one will ever make. First get a formal indication of the home loan you can qualify for. Avoid the stressful time waiting for the final home loan approval that is only submitted after you have signed for your dream home. The best news is that a […]