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…
INVALID LEASE AGREEMENT – LANDLORD’s RIGHT TO MITIGATE LOSSES Care must be taken when entering into agreements with legal entities as the legal status of such an entity is crucial for the validity of such an agreement. If a legal entity has been deregistered by the Companies and Intellectual Commission (CIPC), such entity cannot enter…
ACQUISTION OF IMMOVABLE PROPERTY IN THE NAME OF A TRUST Where immovable property is being purchased, the purchaser/s has the option of transferring the property in the name of various entities, ie. In the name of the individual / personal capacity In the name of a Close Corporation In the name of a Company In…
EFFECTIVE CAUSE – SUCCESSFUL COMMISSION CLAIM ON PROBABILITIES Following up on previous articles relating to ‘effective cause’ and the estate agent’s lawful right to claim commission, it needs to be pointed out that an estate agent’s mandate does not have to be in writing, but can also be a verbal mandate. A perfect example can…
SATELITE DISHES – PERMANENT FIXTURES? When concluding an offer to purchase for immovable property, the question often arises whether a satellite dish must be regarded as a permanent fixture or not. A strong argument can be made in favour of a non-permanent fixture, if it is not specifically stipulated in the agreement of sale: The…
DOMICILIUM CITANDI ET EXECUTANDI In all sale agreements and most contracts (hopefully) the contracting parties must indicate their physical address for delivery of notices and legal documents. The legal and Latin term is commonly known as domicilium citandi et executandi. It is each contracting party’s responsibility to notify the other party of a change of…
If you are the registered owner of a sectional title unit, you should note that the maintenance of such a geyser is YOUR responsibility. Maintenance of a geyser is always the owner’s responsibility, whether the geyser is situated inside the unit or on common property. The body corporate insurance does not cover maintenance-related geyser problems.…
Where an estate agent concludes a sale agreement between a seller and purchaser, the agent is due the commission as agreed in the mandate by the seller, or otherwise as agreed in the acceptance of the offer from the purchaser. It is in the interest of all parties to a sale agreement that the commission…
If you are considering selling your property and there is an existing bond registered, the first step will be to inform the bondholder of your intention to cancel the bond. The existing bondholder may charge penalty interest for early cancellation of the bond up to a period of 90 days. This can seriously affect the…
It often happens that the structure of an existing dwelling has been changed during the years by alterations or extensions to the property. In the past no cognisance was given to have the existing plans amended at the Building Plan Section of the local municipality’s office, especially with minor improvements. It is therefore in the…