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In terms of the Consumer Protection Act (CPA) the consumer is entitled to receive goods that are reasonably suitable for the purpose for which they are generally intended, are of good quality, in good working order and free of any defects.
The definition of “goods” has been amplified to include a legal interest in land or other immovable property.
Most of the articles that appear below were written before the CPA became law on 1 April 2011, and should be read in light of that act which greatly protects consumers. See, e.g. Voetstoots and the CPA
Featured Articles
"Caveat emptor" - Let the buyer beware! Seek legal advice before you sign any deed of sale or offer to purchase
We thought you may be interested to have the low down on Capital Gains Tax (CGT) valuations
The term "conveyancing" describes the legal process whereby rights in fixed property are registered in the deeds office. These rights include ownership, mortgage, servitude, mineral rights and others. All these rights vest legally in a person only on registration
Purchaser's right to revoke offer or terminate deed of alienation
In light of the continuing increase in values of immovable property in recent times it is prudent to have an attorney draft the sale agreement after consulting the parties.
With interest rates still low and home prices soaring, more and more couples are committing to home ownership before committing to marriage. But there are some special considerations involved with buying a home for an unmarried couple, and couples should be aware of their rights should something go wrong.
Courts will in future be called on to determine whether the sale in execution of houses to settle debt is justifiable, the Constitutional Court ruled.
If you do not insist on seeing a copy of the title deeds and surveyor-general's diagram when buying vacant land, your plans to build that dream home could become a nightmare.
The court discussed the efficacy of the acceptance of the buyer’s offer after the date for acceptance had lapsed and concluded that the seller was bound by such acceptance.
Buy-to-let investors often choose to invest in sectional title units as opposed to freehold properties, first because unit prices are often lower and also they can offer better value for money due to the shared amenities
It is proposed that until 31 December 2012, companies whose sole asset is a domestic residence and whose shareholders are the individuals that use that domestic residence as their home will be able to distribute the domestic residence to the shareholders with no CGT, transfer duty and STC becoming payable.
If you want to use a company as a vehicle to own a property don’t do it via a shelf company.
It is extremely unwise to hide any problems in your home from a prospective buyer.
Contracts of sale of property always include a "voetstoots" clause. Sellers and purchasers enter into this agreement without really understanding what this clause entails.
The effect of recent amendments is that if you decide to take advantage of this opportunity you will still be responsible for other costs associated with the transfer of immovable property, such as conveyancing fees and bond cancellation costs but will not be saddled with transfer duty, CGT and STC.
Include a date for fulfilment of a suspensive condition
Chapter 3 of the Rental Housing Act, 1999 deals with the rights and obligations of tenants and landlords
The Cape High Court has ordered the City of Cape Town to register a fixed property in the joint names of a divorced Muslim couple (even though their marriage was not legally recognised)
Transfer duty rates were last amended in March 2006. The new transfer duty rate structure announced in the Budget of 2011 applies to properties acquired under transactions concluded on or after 23 February 2011
Entering into property sales agreements should not be taken lightly – particularly with regards to trust monies.
Transfer property out of companies and trusts into your own name to avoid hefty tax charges,
In SA law tenants’ rights are sacrosanct
Does the Consumer Protection Act, 2008 (“CPA”), which became effective on 1 April 2011, mean the end of the "voetstoots" or "as is" clause?
Individuals have another window of opportunity until 31 December 2012 to transfer their residences out of their companies or trusts into their own names without incurring any adverse tax consequences.
Individuals who own their private dwelling in a trust, company or a closed corporation (CC) will have until 31 December 2012 to transfer the immovable property into their own name without having to pay transfer duty