Articles
WHAT DOES THE PROCESS OF WINDING UP/ADMINISTERING A DECEASED ESTATE COMPRISE?
1.The Administration of Estates Act, 66 of 1965 (“the Act”) determines the way in which a deceased estate is to be administered/wound up. First of all, the estate has to be reported to the...
The Sellers Right to Nominate the Transferring Attorney
1. THE SELLER’S EXCLUSIVE RIGHT TO NOMINATE THE TRANSFERRING ATTORNEY 1.1 Once a property owner has accepted an offer for the purchase of his property whereby a deed of sale has come into...
Buying Immovable Property from a Deceased Estate
A simple property transaction can become fairly complicated if, for example, the seller dies during the transaction, i.e. prior to transfer of the property to the purchaser...
Transfer Duty or VAT
TRANSFER DUTY OR VAT?Whenever immovable property is being transferred from A to B (irrespective of whether the parties are individuals or legal entities), the transaction will...
Buying from a Non-Resident
On 1 September 2007, section 35A of the Income Tax Act, No 58 of 1962 (“the Act”), came into operation.In terms of Sec 35A of the Act all purchasers of immovable property...
The Consumer Protection Act and the Voetstoots-clause
In the previous article of this series the difference between patent and latent defects was discussed. The way in which the owner of immovable property would protect...
Two Important Clauses in a Deed of Sale
A CLAUSE DEALING WITH FIXTURESIt is always advisable to specify in a deed of sale relating to immovable property what items will, by agreement, be removed by the seller and...
Non-Residents Buying & Selling Immovable Property in SA
In South Africa there are currently no restrictions on ownership of fixed property by non-residents (provided they are not classified as illegal immigrants) and therefore all information...
Electrical Certificates of Compliance
A general misconception among the majority of property owners is that a seller of fixed property is only legally required, prior to registration of transfer, to furnish a...
Option & Right of First Refusal
OPTIONAn option in respect of immovable property is nothing more than an offer by the owner (the “grantor”) to sell his/her/its property to a potential purchaser (the...
Immovable Property sold as part of an Enterprise
In a previous article in this series we have learnt that the sale of immovable property forming part of an enterprise that is being disposed of as a running concern may qualify...
The reckoning of time frames in deeds of sale
It is essential for parties to a deed of sale in respect of immovable property to have absolute clarity as to the exact date of expiry of any period of time stipulated...