News

Spring is a great time to address two questions which sellers and buyers often ask: how does the transfer process actually work, and how long does it usually take? Have a look at our “Transfer Process in a Nutshell” flowchart for an outline of the major steps in the process, all the way from signing the deal through to the transfer being registered in the Deeds Office.  Then we’ll move on to the second question: “How long does it take?” As all entrepr...

We all must die, no exceptions. So, it’s amazing that so few of us actually protect our loved ones with wills. Perhaps the problem is that the siren call of procrastination sounds so clearly and seductively when it comes to delaying that evil day when we have to actually sit down, consider our mortality, and make a will. But sit down we must. If you need help stirring yourself (or someone else you care about) into action, have a look at our list of “I don’t have a will becaus...

Time and again our courts are faced with property sellers who, when sued by buyers for hidden defects, try to hide behind a voetstoots clause in the sale agreement. They say, “The buyer bought the house ‘as is’ and can’t complain now”. But that can never protect a seller who has fraudulently concealed a defect. We illustrate this in the context of a devastating house fire caused by a dangerous and unlawful building practice. The High Court made short work of holdi...

It’s easy to lose sight of deadlines in all the excitement of a home sale, but the consequences of letting a deadline expire can be dire. A recent Supreme Court of Appeal fight resulted from the buyer not getting a bond before the deadline expired. At the time, both buyer and seller wanted the sale to proceed, so they signed an addendum to the sale agreement which they thought would resuscitate their agreement. They were wrong.  We’ll discuss the SCA’s reasoning in re...

Would you believe that South Africa has been identified as the world’s most affordable country in which to buy a home? It’s an average price vs average income calculation and is great news for local sellers and buyers alike. Having said that, sellers need to be really careful when choosing a conveyancer to look after their property transfer. We discuss the risks in the context of the dishonest attorney who absconded with R4.25m – leaving buyer and seller to fight it out over ...