The Consumer Protection Act and the Voetstoots-clause

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 him/herself against a claim by a purchaser based on defects not disclosed to the latter is to have a...
Two Important Clauses in a Deed of Sale

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 what are fixtures that form part of the sale. In the unfortunate event that the deed of sale is...
Electrical Certificates of Compliance

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 purchaser with an electrical certificate of compliance in respect of the electrical installations...
Option & Right of First Refusal

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 “grantee”) on certain specified terms and conditions, coupled with an undertaking by the grantor not...
Immovable Property sold as part of an Enterprise

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 for payment of VAT at a zero rate (provided certain criteria of the Value Added Tax Act are...