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News

  • May 2025 | When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse
    by Martin Law Inc. on May 1, 2025 at 12:00 am

    “Buyer’s remorse” is a well-known phenomenon that’s led many a property buyer to cast around desperately for a means, any means, to escape the sale they’ve just tied themselves into. Be careful here – cancelling a sale without sound legal grounds will be a very costly mistake. To illustrate, we discuss a recent High Court case in which a buyer with cold feet tried to cancel a R135m sale on the ground of “defects” in the property. At the heart o...

  • April 2025 | Budget 2.0: A Mixed Bag, With Good News for Property
    by Martin Law Inc. on April 1, 2025 at 12:00 am

    There’s good news for property buyers and sellers, and a mixed bag for taxpayers generally in Budget 2025. The transfer duty threshold adjustment is good for property sales, but government’s attempt to increase VAT and its failure to adjust individual tax brackets will hurt us all – taxpayers and consumers alike. To see how it all affects you, have a look at the official tax tables, then use the link to Fin 24’s Budget Calculator to do your own personal income tax calcul...

  • March 2025 | Mortgage Bond Arrears: Can You Challenge a Certificate of Balance?
    by Martin Law Inc. on March 1, 2025 at 12:00 am

    A recent High Court ruling tackled the important question of whether or not a Certificate of Balance issued by a creditor provides definitive proof of the debt owed. The case involved a couple who contested the accuracy of a bank’s R2.1m claim against them. At stake? Two of their properties which were bonded to the bank. The couple’s court victory highlights both the importance of lenders producing accurate documentation, and the right of borrowers to request clear details before a...

  • February 2025 | A Complex Issue: Beware Late Building Penalties
    by Martin Law Inc. on February 1, 2025 at 12:00 am

    You buy a vacant plot in a security estate and happily start drawing up plans for your dream home. Disaster strikes when out of the blue you are hit by the HOA (Homeowners’ Association) with triple levies – WHAT?! Turns out the previous owner was in trouble for not building on the plot by the set deadline, and the HOA is unsympathetic to your pleas for an extension. You should, it says, have checked for such issues before buying – and if anyone’...

  • January 2025 | How Can I Buy Property in South Africa as a Foreigner?
    by Martin Law Inc. on January 1, 2025 at 12:00 am

    South Africa is a popular choice with international property buyers, offering high affordability and growth potential, a strong legal and regulatory system, and of course a very attractive lifestyle with a wide variety of property options. Our newly minted crown as “the friendliest country in the world for tourists” means we could become even more popular.  Whether you’re one of those overseas visitors hankering after your own slice of Mzansi, or a local keen to answer y...