Buying a new home?

You may be in the market for a new home. Perhaps you just got married or you recently started a family. When purchasing a new home there are a few things to bear in mind. This is by far one of the biggest financial commitments you will make so it is crucial to be well informed.

Here are a few tips to start you off on the right track:

  1.    Market research

Before purchasing a property it is important to do proper market research. Make sure you are well informed about the asking price for the property in relation to the location, possible future developments in the area that might enhance the value of your property and the amenities that will suit your needs, e.g. schools in the area/ shopping centres/easy access to the highway.

  1.    Inspection of the house

Once you’ve found and viewed a house that you are interested in, ensure that a proper inspection is done by a reputable building inspector. When you are serious about purchasing the property you should request the building inspector to compile a comprehensive report. By doing this you will know exactly what you are purchasing and needn’t worry about a roof leak or any hidden defects that were not visible during a normal inspection, and of which the Seller was also perhaps not aware.

  1.    Read the sale agreement, carefully

Before you sign the agreement of sale, read all the conditions carefully and make sure that you understand the meaning and implication of each condition. In too many instances Purchasers are taken aback by conditions in the sale agreement and claim that they were not aware of such conditions. Make sure that when you sign the documents you fully understand the agreement you are entering into. An agreement of sale is a valid and binding document and once you’ve signed you are bound to the conditions contained therein.  Non-compliance may trigger the breach clause that can lead to unnecessary and avoidable disputes and costly litigation.

  1.    Transfer done by a reputable law firm.

In most instances it is the prerogative of the Seller to appoint the transferring attorneys. Acquaint yourself with the transferring attorneys and insist on regular updates so that you are kept up to date with developments at all times during the transfer process. A normal transfer process takes between 4-6 weeks from inception to completion. However, this time frame is dependent on the circumstances of that particular property and may vary greatly depending on the situation. If, for example, there are issues with the Seller’s municipal accounts, the transferring attorneys will not be able to proceed with the transfer until this has been resolved and a clearance certificate has been obtained from the local authority.

  1.    Council related matters

After the registration of the property in your name it is your responsibility to ensure that a new municipal account for the rates and taxes and water and electricity is opened. The transferring attorneys will advise the local authority of the registration, but it remains the responsibility of the previous owner to ensure that the account is duly closed, and for the new owner to open the relevant accounts in his/her name.

Karien Coetzee is an Associate Director in the Property Law department at VDT Attorneys. 
Contact her on 012 – 452 1300 for more information or advice on all property related matters.

May 14, 2019
Culture vs style: When workplace dress codes cross the line

Culture vs style: When workplace dress codes cross the line

Dress codes are a familiar part of many workplaces, yet employers often fail to calibrate how far they are allowed to go in regulating employee personal appearance. While employers may enforce standards of neatness, safety and professionalism, these rules cannot override constitutional rights, nor can they operate in a discriminatory manner. A recent reminder of this emerged from the Supreme Court of Appeal, where the court had to consider the fairness of dismissing correctional officers for refusing to cut their dreadlocks, contrary to the employer’s dress code.

Competition Commission guidelines on confidential information

Competition Commission guidelines on confidential information

The Competition Commission of South Africa (“Competition Commission”) identified a need to guide merger parties and stakeholders on claiming confidentiality over information. In September 2025, the Competition Commission issued Guidelines on the Commission’s handling of confidential information (“Guidelines”), which, however, are not binding on the Competition Commission, the Competition Tribunal or the Competition Appeal Court, but must be taken into account by these authorities when interpreting and applying the Competition Act 89 of 1998 (“Competition Act”).

Termination of joint ownership, rights in question: PIE Act explained

Termination of joint ownership, rights in question: PIE Act explained

In a recent Western Cape court case where the court ordered the termination of joint ownership of properties, an interesting question arose as to whether the termination of joint ownership did not amount to an eviction contrary to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 (PIE Act)? We look at the requirements for the termination of joint ownership by our courts and whether this can infringe on the PIE Act.

Sign up to our newsletter

Pin It on Pinterest