17 interesting facts and tips on sale of land agreements

A contract of sale of land signed by the seller and the purchaser is valid even if no witnesses signed the contract. A contract of sale of land can be concluded on behalf of a company to be registered. A contract of sale of land cannot be concluded on behalf of a trust to be […]

Read more...

17 interesting facts and tips on marriage contracts

1. If you get married without signing a marriage contract, you will automatically be married in community of property. 2. If you are married in community of property, i)  the assets of both spouses form part of the joint estate and can be attached by creditors for debts incurred by either spouse; ii)  the assets […]

Read more...

Wat is ‘n domicilium adres?

Wanneer partye tot ‘n kontrak versuim om te presteer sal die ander party normaalweg stappe wil neem om die kontrak af te dwing of te kanselleer. Gewoonlik sal die kontrak bepaal dat ‘n party eers ‘n kennisgewing aan die ander party moet gee voordat die kontrak gekanselleer kan word. Ook moet daar ‘n hofprosesstuk beteken word sodat […]

Read more...

A voetstoots clause and a leaking roof

Have you heard a seller saying that he cannot be held liable for any defects in the house as there is a voetstoots clause in the contract of sale? It is not that simple.   For one, where the Consumer Protection Act applies, for example where the seller sells the property in the course of […]

Read more...

What is the effect of a suspensive condition in an agreement of sale?

In an agreement of sale between a buyer and a seller for the acquisition of a property, there maybe suspensive condition clauses.  Until all the suspensive conditions have been met, the sale cannot proceed. Thus it is very important to understand the power of suspensive conditions in a deed of sale.  These are conditions written […]

Read more...

What is a ‘rouwkoop’ clause?

What is a ‘rouwkoop’ clause? A ‘rouwkoop’ clause in a contract of sale provides for the purchaser to pay a deposit to the seller that is not refundable should the purchaser withdraw from the contract.  Most contracts of sale, that provide for the payment of a deposit by the purchaser, also contain a provision that […]

Read more...