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Error in persona

24 October 2019

Buyers misrepresentation of true identity: a material mistake (error in persona), resulting in a null and void sale because of no ‘real agreement’ or consensus to pass transfer.

Binding options

10 October 2019

An option relating to an offer for the sale of land need not be in writing, but the offer itself must have been reduced to writing when the option was granted, for it to be binding.

Preferential marketing agreements

26 September 2019

Deon Welz discusses a recent SCA decision regarding HOAs granting preferential marketing rights to estate agencies in return for a percentage of the sales value of the property.

Registration a necessity

26 September 2019

Jack Crook  covers two recent Supreme Court of Appeal cases which deal with specific types of home builder but are a timely reminder to all builders to comply with the HCPMA Act.

No way Jose

19 September 2019

A verbal contract for the sale, exchange or donation of land, or of any “interest in land” – such as a right of way, is invalid – Jack Crook discusses a recent case.

Terry v Solfafa

19 September 2019

A desperate attempt to avoid the consequences of accepting an OTP, based on only one spouse having signed the OTP, and a ‘successful sale’ of property meaning its ‘registration of transfer’.

Landlord and Tenant

12 September 2019

Landlord and Tenant – Rights and Obligations by Dr Sayed Iqbal Mohamed is a very useful and welcome guide to the rights, duties and responsibilities landlords and tenants owe each other.

Conveyancing Tables - June 2019

30 May 2019

The Conveyancing Tables have been updated to reflect the changes to the Recommended Guideline of Fees for conveyancing which came into effect on 01 June 2019.

Conveyancing Fees - June 2019

9 May 2019

The Law Society of South Africa (LSSA) recently published new Conveyancing Fees Guidelines which apply to instructions received as from 1 June 2019.

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