What to know about purchasing a property on auction It is important to investigate what sort of sale is applicable. Is it a sale in execution, insolvency or property in possession? How does an auction work? On arrival at the auction one needs to register as a bidder, it is important to note that in…
Where parties are in negotiations to finalise an offer to purchase for immovable property, it must be clearly noted that an offer to purchase only becomes binding once ALL the parties agree to the conditions and counter offers thereto. Where a counter offer is made and not agreed to by the other party, then such…
In many jurisdictions it is practice that the Conditions of Sale in an execution sale reflect a zero amount payable in respect of the estimate of outstanding municipal rates.
If you are a landlord or rental managing agent, you most probably had the unfortunate experience where a tenant reneges on rental payments. One’s first reaction is to take the law into own hands and immediately evict the tenant and change the locks to the property to prevent any further access by the non-paying tenant.
Due to the complexity and confusion with the creation of Trusts, we are going to discuss the various aspects thereof, in an effort to assist the public and to clearly indicate the advantages and benefits of a Trust. There are a number of advantages to placing assets in a trust for estate planning purposes. These…
Although a verbal lease agreement is valid and the terms of such an agreement is enforceable by law, we always recommend that parties to a lease rather enter into a formal lease agreement to avoid misinterpretations and unnecessary legal costs to have it enforced.
Two partners concluded a life partnership agreement but the deceased failed to address in his will, maintenance and support issues upon death.
Where a property is bought, which forms part of a new development and subject to the developer completing the extras, is there an obligation on the developer to complete the extras within a specified time frame, where no time frame has been specified in the agreement? In the event of the developer not completing the…
QUALIFICATIONS: B.Proc. (University of the Orange free State) Attorney Conveyancer Member Cape Law Society Wietz Viljoen studied at and graduated from the University of the Orange Free State. Wietz completed his articles in Cape Town and qualified as an Attorney and Conveyancer in 1995. After an absence from the legal field, while experiencing the development…
In practise we often get queries relating to the formation of Trusts and the feasibility thereof to use as an instrument to transfer immovable property or any business interest into. A trust is a valid business form, and the mere presence of a trust should not invalidate a fair transaction. However the words “this case…