SARS’ ‘Toll Fee’ on the Road to Home Ownership
Of all the costs involved in purchasing a home, transfer duty is one of the largest. Buying a property in South Africa involves more than just the purchase price. One of the additional costs that many buyers need to budget for is transfer duty, a tax levied by SARS. Understanding how this tax works is […]
The Rental Housing Tribunal: The Unsung Hero of South Africa’s Rental Market
Renting or leasing a home should be simple, but when it turns into a headache, the Rental Housing Tribunal (RHT) steps in to help. Established under the Rental Housing Act No. 50 of 1999, the tribunal provides a free, fair, and accessible way for landlords and tenants to resolve disputes, without the stress or cost […]
Know Your Rental Rights
Renting a home should be straightforward: you pay your rent, you get a safe place to live, and both sides respect the agreement. Unfortunately, renting does not always go as planned. The Rental Housing Act was introduced to keep things fair and balanced between tenants and landlords. And when disputes do arise, the Rental Housing […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Seller Appoints the Conveyancer; Purchaser Pays the Fees
There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer, and the purchaser pays the transfer fees. However, this arrangement has become deeply embedded in South African conveyancing practice over many years, if not decades, due to a range of practical and legal reasons outlined […]
What buyers and sellers should know about conveyancing in South Africa.
If you’re buying or selling property for the first time, the transfer process might seem a little overwhelming. We’ve compiled a list of common questions to help you understand the key steps and make the experience a bit less daunting. 1 . What does a conveyancer actually do? A conveyancer is a specialised attorney who […]
Navigating Property Disputes: A Guide for Owners and Tenants
Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a property. These can occur in […]
Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application
When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement of the title deed. This endorsement records that the applicant is now the sole owner of the property and can deal with it […]
Renting vs buying: The pros and cons
In a lowering interest environment, tenants are reconsidering their priorities. Driven by reduced interest rates and more lenient loan criteria, tenants are starting to have their sights firmly set on owning a home. While many – particularly the ‘millennial generation’ – chose to travel and live more ‘freely’ in the past, priorities have since changed. […]
How the new Expropriation Act Shapes Land Acquisition in South Africa
President Cyril Ramaphosa recently signed the Expropriation Act into law, replacing a 50-year-old statute and providing a clearer framework for expropriating property in South Africa. This Act, which aligns with Section 25 of the Constitution, outlines how the government can acquire land for public purposes, with an emphasis on fair compensation for property owners.While the […]