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 […]
Read more...Category: Property Law
Property transactions
Owner, can you move “shop” to your house?
Lockdown has changed many a thing in our daily lives – one of them is trying to work from home. The question many might ask once the lockdown has been lifted, is whether you can “move shop” and start running your business from your residence? What many homeowners don’t know or realise, is that their […]
Read more...How to object against the municipal valuation of my property?
The Local Government: Municipal Property Act, 6 of 2004, provides municipalities with the power to levy a rate on properties in its area. The rate is calculated on the market value of a property. Consequently, all municipalities must compile a valuation roll which provides the value of each property in the area of the relevant […]
Read more...How old may the electrical certificate of compliance be?
The COC may not be older than two years on the registration date of the transfer of the land. Volker Krüger
Read more...When will the bank deduct the first mortgage bond instalment from the purchaser’s bank account?
The banks don’t all follow the same policy. You should ask your bank what their relevant rules stipulate in this regard. Volker Krüger
Read more...What does the seller have to do in respect of the municipal account after the registration of the property in the purchaser’s name?
We shall provide you with a letter confirming the sale and transfer of the fixed property into the purchaser’s name together with a deeds office search. The deeds office search will reflect the purchaser as the new owner of the property. You should take our letter, the deeds search and proof of your banking details […]
Read more...Will I have to pay VAT on the sale of my property?
In most cases, transfer duty and not VAT is relevant for the sale of land. VAT will only be relevant if the seller is registered for VAT and the land is part of his VAT enterprise. If a farmer, registered for VAT, for example, sells his farm, such sale will be a VAT transaction. Volker […]
Read more...When can I as purchaser take occupation of the property?
This depends on the terms of your sale agreement. Your sale agreement would typically stipulate when you are entitled to occupy. It will sometimes be a specific date, for example; 1 June. Often the occupation date is, however, linked to the registration date of the transfer of the property at the deeds office. In such […]
Read more...Must the electrical certificate of compliance also cover our electric fence?
The COC must be obtained for the house and the electric fence, if applicable. Volker Krüger
Read more...Who must obtain the electrical certificate of compliance?
The electrical certificate of compliance in terms of the relevant Electrical Installation Regulations, 1992, framed under Act no 6 of 1983, as extended by Act no. 85 of 1993 is also commonly referred to the “COC”. The contract of sale will typically stipulate that the seller has to obtain the COC at his cost. If […]
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