Is a restraint of trade still enforceable? PODCAST

  Find out all you need to know about the enforcement of a restraint of trade by listening to our podcast at the link below:     Did you know that you have a world of knowledge at your fingertips? Visit our FAQ page for answers to a wide variety of legal questions. Read more...

Options v Rights of first refusal

If you market, buy or sell immovable property on a regular basis you will at some stage be faced with Rights of First Refusal and Options. Although they might be similar in nature, they have core differences. Failure to understand these differences is simply not an option. In both cases you will have a grantor […]

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Can I sign my sale agreement with DocuSign?

According to its website, DocuSign is an American based company that allows you to electronically sign any document from “sales contracts and offer letters to account openings and invoices”. But can you use it to sign a sale agreement for your immovable property in South Africa? Section 2 of the Alienation of Land Act, 68 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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