Interesting Perspectives
Blue Skies Ahead for Property? Be Prepared with this Buyer’s Checklist
“Don’t wait to buy land, buy land and wait.” (Will Rogers) Summer’s a great time to look for property. With the year winding down and
Claiming Ownership Through Acquisitive Prescription
One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer of rights from a predecessor
Who pays for construction delays?
There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule – It takes three times
The taxes applicable to a deceased estate
When a person passes, their estate must be reported to SARS and so becomes a new taxpayer with various taxes applicable. If the deceased had
Three Ways to Protect Yourself from the Nightmare Neighbour in Your Complex
“A bad neighbour is a misfortune, as much as a good one is a great blessing.” (Hesiod, 700 BCE) It seems that every community has
Demystifying Estate Duty Calculation in South Africa
Estate duty, often referred to as an inheritance tax or death tax, is a form of taxation imposed on the transfer of a deceased person’s
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 2
Recently, the High Court and the Supreme Court of Appeal (SCA) were required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986
Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward
“This sale agreement is no more! It has ceased to be! This is an EX-sale!” (With apologies to Monty Python) A “bond clause” – standard
The Garage Door That Had the Complex Up in Arms
“Good fences make good neighbours.” (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment block) you automatically
Outstanding charges, body corporates and sales in execution
Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies of a sectional title property
Property: Why Do You Need an Occupancy Certificate Before You Buy?
Imagine this – you buy your dream home, pay for it, take transfer into your name, and move in. But then disaster strikes. The Municipality
The Selling of Property of a Non-resident Seller
Be wary, if you are an estate agent acting on behalf of a non-resident (seller), who is selling his/her property for more than R 2000
Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection
“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from
A Costly Case of Buyer’s Remorse
“Caveat subscriptor” – old legal maxim meaning “Let the signer beware!’ A recent High Court decision once again highlights the dangers of signing anything without
Property Buyers: The Danger of Not Doing Your Financial Homework
“Look before you leap” (wise old proverb) Don’t let the excitement of buying a property blind you to the necessity of doing your homework before you agree
Losing your property to acquisitive prescription
Here’s another warning to be vigilant when it comes to someone else occupying any part of your property for 30 years or more – you
Dream Holiday or Nightmare! An overview of the Property Time-Sharing Control Act and the Vacational Ownership / Time-Share industry (Part 1)
Property time-sharing became very popular in South Africa in the 1980s and later, the use of the point-system as an alternative to Time-Sharing schemes which
Building in Security Estates: The ‘Persuasive Sting’ of Penalty Levies
“… had the respondent imposed more moderate penalties, it would likely not have had the desired effect, or put differently, the same persuasive sting for
12 Questions to Ask Before You Sign That Deed of Sale
“Knowledge is power” (old proverb) Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of
Despite hike, interest rate remains below pre-Covid levels
With the headline inflation rate again breaching the upper limit of the 4-6% target for the second consecutive month at 7.4% in June 2022, it
Property market to remain resilient despite economic outlook
The remainder of 2022 will be tough on consumers as the interest rate continues to rise and they struggle to cover household expenses. According to
Landlords: Zoning law contravention could invalidate your lease
“…it is a general rule that a contract impliedly prohibited by statute is void and unenforceable…” (extract from judgment below) Here’s yet another warning from
Property Owners: Your Rates Could Quadruple for Unauthorised Land Use
“The said penalty … was imposed due to the fact that the property was being used in contradiction to its zoning” (extract from judgment below)
How the new Property Practitioners Act will impact property developers
Accreditation and compliance already dominate the operations of South Africa’s property developers – such as ensuring that the necessary certifications are obtained and that the
Executive Premier Funding Solutions by Prevance Capital
Executive Premier Funding Solutions by Prevance Capital Are you tired of waiting for lengthy traditional funding methods to be approved? We are excited to announce
Buying Property from a Company – Should You Buy the Shares or the House?
“There is never a wrong time to buy the right home” (Anon) You find the house of your dreams, agree on the price and get
The write stuff – electronic signature of sale of property agreements – a sign of the times – by Steven Fisher
Rapid advances in technology, as well as more people working remotely and avoiding face to face meetings, has resulted in an increase in documents being
10 Things to know when purchasing a property
Buying a property, especially if it is your first home, is often an emotional and stressful experience. We have identified the top tips in making
Court finds against EAAB in battle for FFCs
In a scathing judgement handed down from the High Court on 15 March, the failure of the Estate Agency Affairs Board (EAAB) to issue Fidelity
Buying and Selling Property: Nine Important Questions
“Owning a home is a keystone of wealth… both financial affluence and emotional security” (Personal Finance Expert Suze Orman) When you buy or sell your
Prevance capital – Sellers Advance: Capitalising on the Buyer’s Market
The adage of “Cash is King” has never been more pertinent than in the year 2020. The Covid-19 global pandemic has left many investors digging
Sandton Rentals & Sales
Sandton Central offers prime property Sandton Central is not only South Africa’s financial capital, it’s also home to high-rise apartment blocks, lifestyle estates and complexes,
Electronic signatures – valid or just fantasy?
. The COVID-19 pandemic and nationwide lockdown, as well as the continued restriction on many economic activities, has created severe financial pressure for many
Subdivision and Rezoning of Your Land / Hoe Verlening van Opsie Waarde Toevoeg
‘n Jare-lange vriend, wie op ‘n groot erf in ‘n prestige deel van die Kaap woon, vertel dat hy voortdurend deur ontwikkelaars en agente verpes
Does the CPA afford any remedies to the purchaser of immovable property?
“I recently purchased a house through an estate agency. Prior to purchasing the house, I did a few viewings with one of their agents, and
Beware of Property Cyber Scammers
“Forewarned is Forearmed!” (Wise old saying) Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals
Prevance introduces Evance Online – a revolutionary deal management platform
As the old saying goes “time is money.” In today’s fast-paced business environment, improving efficiency can go a long way to making your life easier.
Property Transfers and Trust Account Theft: A R720,000 Warning
Property Transfers and Trust Account Theft: A R720,000 Warning “The issue of whether a conveyancing attorney receives the money as the agent of the seller,
You Signed a Property Sale Agreement, Can You Still Accept a Better Offer?
You Signed a Property Sale Agreement, Can You Still Accept a Better Offer? You put your property on the market and an acceptable but not-perfect
Sub-divide and ruled / Duet housing
Most people interested in properties and specifically property developments are probably aware that the City of Cape Town (and certainly other local authorities) nowadays allow
What to look out for before buying a property
You’ve searched far and wide for the perfect home for you and your family, and you’ve finally found it, or so you thought. Buying a
Predicted change is here
Herschel Jawitz, CEO of Jawitz Properties, Chris Renecle, MD of Renprop and Dr. Andrew Golding, chief executive of the Pam Golding Property group, do all
Residential market in for an interesting time
South Africa’s residential market is in for an interesting time in 2019, but our predictions for the year are all positive, and we believe that
BUYING PROPERTY THIS FESTIVE SEASON? CHECK THE TITLE DEED FIRST!
“Don’t wait to buy land, buy land and wait” (Will Rogers) If you plan to buy property this Festive Season – perhaps your
Technology has revolutionised, not replaced estate agents
The fast paced evolution of technology platforms which now provide buyers and sellers increased access to property information, and the emergence of new online platforms
BFASA Senior Council Opinion on ” kickbacks
BFASA SENIOR COUNCIL OPINION ON ATTORNEY REWARDS The Bridging Finance Association of South Africa (“BFASA”) consulted with Senior Council, Adv. Francois van Zyl SC between
The Benefits of Bridging Finance for Property Sellers
While property remains a good investment, there are various reasons why someone would need to sell their property, and waiting for the funds to come
The Winds of Change are Upon Us: The Benefits of short-term property finance
The benefits of short term property finance through Prevance is that each and every application is assessed on its own merit by our highly experienced
Politics and Real Estate: Challenges Developers Face
It may be a sweeping statement, but considering global trends, the current political situation as well as the economy, the South African development sector isn’t
What Is Bridging Finance?
Bridging finance is ideal for those looking to raise funds in the short term. Generally speaking bridging finance is a cash advance that’s secured against
Selling My Property: How To Access The Funds Now
Unfortunately, selling a home takes time and even though a buyer has signed on the dotted line, it’s usually months before a property is transferred
Must I pay a special sectional title levy?
“I am considering buying property in a sectional title scheme. The estate agent mentioned that a normal levy will be payable every month but the
Seed Capital Funding: What’s the difference between a preference share and an ordinary share?
“I want to set up a private company for my business and have an investor that is interested in providing some seed capital but asked
Real Estate Alert 17 June 2015
SECTION 118 (1) THE INTERPRETATION OF ‘IN CONNECTION WITH THAT PROPERTY’ Section 118(1) of the Local Government: Municipal Systems Act, No 32 of 2000 (Municipal
Prevance Launches Auction Funding
There are opportunities in the market to buy properties on auction at a low price. This extends, not only to distressed properties but all properties
Am I really responsible for the municipal debts of a previous owner?
“I bought a house a few months ago. The municipality issued a rates clearance certificate to the seller and the property was transferred in my
There is Light at the end of the Tunnel
REPORT Selling a home because you are in financial trouble is not something most like to think about but as the economy continues to take
Historical Municipal Debt… What now?
REPORT South Africans were outraged recently when the High Court found that property owners were responsible for historical debt. On the face of things, they
Short term loans – the answer to cash flow problems
REPORT Although most people consider business loans to be a long term affair, a short term loan can prove to be a lifesaver when cash
Property sellers: Just how far does your duty to disclose go?
This article originally appeared in LawDotNews and is reprinted with the authority of DotNews and of Tanners & Associates Attorneys Notaries and Conveyancers, who may
Estate Agents Commission
Selling a home is one of the biggest financial decisions a person can make and an estate agent, to whom commission will be payable, is
The Light at the End of the Tunnel
A new product aimed at helping developers has been launched. It’s common knowledge that the construction industry has witnessed some hard times over the past
Short Term Property Solutions
Go to Article “We strive to solve your short term financing problems: our website is our window to the world: and the service we offer
Bridging Finance for Sellers
Having access to finance before transfer of a property has been finalised can make the transaction a lot less stressful. Most distressed sellers automatically assume
Funding those Bargains
REPORT Call it Murphy’s Law, but good property deals often seem to come around at the least opportune moments when access to ready cash is
How to stay secure when the lights go out
How to stay secure when the lights go out It’s no secret that South Africa is plagued by crime. Recent statistics show that homeowners are
South Africa’s Top Suburbs
SA’s Top Suburbs Watch the video above to see which areas have grown in price ranges over the years. Financial Mail property writer, Joan Muller
The Growth of Homes in Gated Communities and Estates
The housing market has seen a noticeable shift in the kind of property gaining popularity in the market. Approximately 4 percent of formal residential properties
Buy-to-let property looking more profitable
The PayProp rental index reported a 10, 4% increase in rentals in September 2013. According to the Financial Mail, this has been the biggest rise
Interest rates to remain the same in 2014
The Reserve Bank Monetary Policy Committee (MPC) held their final MPC meeting for the year on Thursday, 21 November 2013. In a unanimous decision, the
When is the right time to buy property?
There has become an increasing appetite for South Africans to invest in property – whether it is buy-to-let property or listed property. Property has been
Earlier Pay Days for Estate Agents
House sales are set to grow in 2010 but this could mean further delays for estate agents expecting commission. After the dry spell experienced in
Don’t Sacrifice the Value of your Portfolio
Once you purchase a property outright it continues to grow in value as well as give you the possibility of inflation beating returns in the
Prospering from your Property?
Most property owners who have disposed of properties are aware of the role that bridging finance can play in providing liquidity for the period between
Bridging Finance – The Solution for Developers
For many the acquisition of property forms a crucial aspect of wealth building and for developers, property can be a lucrative means of high yielding
Using Property to Secure Finance
As an investment property has always been a safe long term bet, but, property does not offer much short term liquidity for its value; often