What are Backup Offers? A backup offer occurs when a seller concludes a sale agreement with a buyer (primary offer) which is subject to one or more suspensive conditions, and then the same seller signs a later sale agreement with a second buyer (the backup offer)....

Huur gaat voor koop – what does this mean? Roughly translated, huur gaat voor koop means: an existing lease trumps a subsequent sale. What are the legal consequences of this principle? (a) When a property which is subject to a lease is transferred, the purchaser steps...

When to consider termination of a trust If you have a family trust that is inactive or not being utilised it may be prudent to have it terminated in order to save costs and avoid potential issues in the future. Some factors when deciding whether to consider...

Is the deposit clause in your Property Sale Agreement up to date? When a purchaser is obliged to pay a deposit to conveyancers pursuant to a sale of property agreement, the sale agreement should provide for the deposit to be invested on behalf of the purchaser pending...

Our Property Specialists Our conveyancing team collectively has more than 40 years’ experience in providing conveyancing services and property-related legal advice. As property specialists, we assist clients with residential and commercial transfers, developments,...

Occupational Rent Once a sale agreement has been signed, the transfer process begins and typically takes 8 to 12 weeks. Ownership of the property concerned will pass to the purchaser on registration of transfer in the Deeds Registry (“Date of Transfer”). In most...

Emigration Considerations Packing up your entire life, leaving your familiar surroundings and moving to a foreign country is an emotional and stressful life event. If you want to be proactive and avoid some unnecessary costs and nuisances while you are settling into...

Family Trusts : Independent Trustees South African legislation does not specifically require the appointment of independent trustees. There is however, a duty on trustees to act in the best interests of the beneficiaries. The Supreme Court of Appeal, in Land and...

Legalese: Cession A common clause in an agreement, is one that stipulates that one party’s rights in terms of the agreement may not be ceded without the prior consent of the other party. What is a cession? A cession is the transfer of a personal right from one person...

Do you have to secure bond approval before a sale agreement? Many sale agreements require the purchaser to secure bond approval before the agreement becomes binding. Sometimes it is not clear when this is actually obtained because there are different stages to the...