Awaiting your deposit

What to know when your landlord has your deposit and has failed to pay it out You have viewed the new property and secured it by paying the correct deposit amount to the landlord. With the transition into your new space being as breezy as it was, no red flags were raised as to how your landlord could trick you …

Am I prejudiced by an arbitration clause in my building contract?

Contracts for the building of a house or providing for substantial alterations to a house commonly contain an arbitration clause.  This article looks at the advantages of resolving disputes relating to building contracts by arbitration rather than by litigation in the courts. I had a written contract with a builder to make substantial alterations to my house. I was very …

Unlawfully evicted? Here’s a piece of pie

Unless the sheriff of the court has evicted you, you should remain right where you are. If anyone else carries out an eviction, it constitutes as unlawful according to the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Act. Regarding the eviction process, the PIE Act stipulates this: Certain procedures must be followed Notice of the intention …

What is the sale agreement?

Whenever you buy or sell a house you will encounter the sale agreement, which is also called an “offer to purchase”. This is a contract between a buyer and seller and covers the terms and conditions governing the sale of the property. Buying or selling a house can be stressful and sometimes confusing, however, the sale agreement doesn’t have to …

Important steps for the transfer of property

The transfer process can take up to three-months, sometimes longer. There are different steps involved in the transfer of a property, these include: Instruction. A conveyancer receives the instruction to transfer the property. Communication. The conveyancer communicates with the various role-players involved in the transfer process, such as the seller, purchaser, transfer and bond attorneys, municipality, bank, South African Revenue …

What should a conveyancer do?

Conveyancing (or conveyance) is the legal term for the process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property and ensures that this ownership cannot be challenged. It also covers the process of the registration of mortgages. Conveyancing in South Africa can only be carried out by a licensed conveyancer, i.e. a …