How can I buy property in South Africa as a foreigner?
“I never knew of a morning in Africa when I woke up that I was not happy.” (Ernest Hemingway) Are you a visitor dreaming of waking up with giraffes on your lawn and wondering how to make it happen? Or a local being asked by overseas friends and relatives: “This country’s magic, how can I […]
Who appoints the conveyancer? Your house, your choice
“A man’s home is his castle.” (Sir Edward Coke, English common law ruling, 1604) Of course, what we all want to hear at the end of our house-selling journey is something like this: “Congratulations! You sold for a good price, the buyer’s taken transfer and you’ve been paid the purchase price. Time to pop the […]
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.
Compliance certificates required when selling a property
There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser. There are five compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of the property takes place. The following are the necessary certificates: Electrical Compliance Certificate The […]
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 […]
Coffee With Us: Introducing you to a beautiful home in Grotto Bay Coastal Nature Reserve
In this month’s coffee chat, we introduce you to a beautiful home in Grotto Bay Coastal Nature Reserve. This property is for sale by a longstanding client of the firm who is moving to a newly built unit in a retirement complex in Sunningdale, Cape Town. The double story, 430 sqm house, on a 728 […]
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 […]
Selling Your Property – Keep CGT in mind
When selling your property, property taxes come in various guises. An expense not always understood, nor adequately planned for, is the possibility that you will be liable for capital gains tax (“CGT”) on the sale. In this article we discuss the concepts of “base cost”, “capital gain” and “primary residence” before explaining – with the […]
Importance to appending the certificate required in terms of the wills act: Ouma Rosie’s story
Ouma Rosie lived in her Delft house for nearly 15 years with Uncle Fred before he passed on. Her children moved out and away even before Fred moved in with her. She never had a good relationship with her son (alcohol and abuse was the order of the day with him), and her daughter died […]
12 Questions to ask before you sign that deed of sale
“Knowledge is power” (old proverb) Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly true when it comes to any form of process with significant legal consequences, […]