by VDT Attorneys | Aug 20, 2025 | Buying property, Property offer to purchase, Property offer to purchase\, Property transactions, Selling Property
Once the contract has lapsed, the contract cannot be revived or amended through a subsequent addendum. Any attempt to do so would be legally ineffective. Property practitioners and the parties to the contract should accordingly pay close attention to the time frames...
by VDT Attorneys | Aug 20, 2025 | Alienation of Land Act, Buying property, Deed of sale, Electronic Communications and Transactions Act, Selling Property
Regarding section 2 of the Alienation of Land Act 68 of 1981 (“ALA”), no alienation of land will be of any force or effect unless it is contained in a deed of alienation and signed by both the seller and purchaser or by their agents acting under written authority. A...
by VDT Attorneys | Aug 20, 2025 | Buying property, Consumer Protection Act, Latent defect claims, Property latent defects, Property Voetstoots clause, Selling Property
Risk equilibrium for all partiesWithout a voetstoots clause, sellers can be held accountable for defects that don’t show up right away, including those that were not apparent when the contract was signed. Latent defect claims may be pursued in South Africa...
by VDT Attorneys | Aug 5, 2025 | Beetle Certificate of Compliance, Buying property, Certificate of compliance, Electric Fence System Certificate of Compliance, Electrical Certificate of Compliance, Gas Certificate of Compliance, Selling Property, Water Certificate of Compliance
A COC is an official document issued by a qualified professional, confirming that a specific aspect of a property adheres to relevant safety and legal standards. Such certificates are designed to protect buyers, sellers, and the wider community by ensuring properties...
by VDT Attorneys | Jul 24, 2024 | Agents commission, Estate Agent, Property, Selling Property
In most jurisdictions, the general rule is that an estate agent’s commission is only payable if there is a valid agreement in place. This agreement can be in the form of a written contract or verbal understanding. Without an agreement however, the agent’s...