Navigating Property Disputes: A Guide for Owners and Tenants
Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a property. These can occur in […]
The Rental Housing Tribunal: The Unsung Hero of South Africa’s Rental Market
Renting or leasing a home should be simple, but when it turns into a headache, the Rental Housing Tribunal (RHT) steps in to help. Established under the Rental Housing Act No. 50 of 1999, the tribunal provides a free, fair, and accessible way for landlords and tenants to resolve disputes, without the stress or cost […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Possession Is Nine-Tenths of the Law: Understanding Spoliation Law
What is spoliation? Spoliation refers to the unlawful dispossession of someone’s peaceful possession of movable or immovable property without their consent and/or without a court order authorising the dispossessor’s actions. Spoliation focuses specifically on a person’s possession, and ownership of the property involved is not considered relevant. Luckily, our law provides a strong remedy, originating […]
Answers to Your Property Transfer Questions: What buyers and sellers should know about conveyancing in South Africa
If you’re buying or selling property for the first time, the transfer process might seem a little overwhelming. We’ve compiled a list of common questions to help you understand the key steps and make the experience a bit less daunting. 1. What does a conveyancer actually do? A conveyancer is a specialised attorney who oversees […]
Five home ownership costs you shouldn’t overlook
It’s not all about interest rates. With interest rates at a multi-year low, now is an opportune time for first-time homebuyers to step into the property market. However, when it comes time to budget, potential homebuyers are urged to account for several important, but often overlooked, costs. While home loan pre-approval gives homebuyers a clear […]
Seller Appoints the Conveyancer; Purchaser Pays the Fees
There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer, and the purchaser pays the transfer fees. However, this arrangement has become deeply embedded in South African conveyancing practice over many years, if not decades, due to a range of practical and legal reasons outlined […]
A Step-by-Step Guide to Buying a House in South Africa
Purchasing a home is an exciting milestone, but without proper guidance, the process can be daunting. South Africa’s property market has unique legal and financial steps that buyers must follow. Whether you’re a first-time buyer or an experienced investor, this guide will walk you through each stage, from securing financing to transferring ownership, ensuring a […]
Empowering Homeowners: How the CSOSA Transforms Community Living in South Africa
Community living in South Africa, whether in homeowners’ associations (HOAs), sectional title schemes, or housing estates, comes with unique challenges. Disputes over governance, finances, and maintenance can disrupt harmony and strain relationships. Enter the Community Schemes Ombud Service Act 9 of 2011 (CSOSA), a groundbreaking law designed to address these issues and empower homeowners and […]
Are You Ready to Step onto the Property Ladder?
Choosing the right time to go from renting to buying. Deciding when to transition from renting to buying can be daunting—and in the current economic climate, even those with the financial means to do so are unsure if now is the right time to do so. While there is no ‘one-size-fits-all’ answer, there are several […]