Law Reports
Insolvent after selling
05 June 2014
Relebipi Properties CC - Whether a buyer is entitled to the transfer of a property when the seller is declared insolvent after the agreement was entered into.Royal Anthem
17 July 2014
Royal Anthem Investments - rouwkoop clause, interpretation of "all amounts" after the sale fell through; liability of conveyancer for interest on amounts stipulated in the order.A game of homes
31 July 2014
The recent SCA judgment of Robarts v Antoni NO (327/2013) underlines once again the need to properly record any and all agreements relating to your property.Transfer trumps intention
02 October 2014
Never assume that you have any rights to a property just because the owner says that he/she intends to give you ownership, even if a sale agreement is signed.Mitchell
09 October 2014
Mitchell v City of Tshwane: Sale in execution - 118(3) security extinguished by transfer; buyer not liable for debts older than two years; services may not be refused.Royal Anthem Appeal
09 October 2014
Stopforth Swanepoel & Brewis v Royal Anthem Investments: right to be heard, procedural and substantive fairness; attorneys not liable for repayment of funds and interest.HOA's embargo
18 December 2014
Russell Warner suggests that in the light of two recent SCA cases, legislation is necessary to allow HOAs to embargo transfers while levies remain unpaid.Savannah Park
31 January 2013
Body Corporate of Savannah Park v Brainwave - Developer’s right of extension is a right to develop a section of the common property, not to commercially exploit it. It is not a usufruct.Margalit Appeal
18 April 2013
Margalit v Standard Bank of SA Ltd - Delayed transfer - conveyancing attorney liable for damages suffered by seller of property due to his negligence in causing delay.Banda
02 May 2013
Banda v Van der Spuy - fraudulent concealing of latent defects with defective repairs vitiates the effect of the voetstoots clause.