When will the voetstoots clause save the seller?

There seems to be a general belief that a voetstoots clause in a contract of sale of land will always protect the seller against any claims for latent defects instituted by the purchaser. This is not correct. In the case of Havidise v Heydricks 2014 (1) SA 235 the voetstoots clause did, however, indeed do […]

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Sale of property and the National Credit Act

One might think that only banks and other financial institutions need to register as credit grantors in terms of the National Credit Act. This is, however, not the case. Where credit is granted by a seller to a purchaser of immovable property, the National Credit Act might apply. If it does, several requirements have to […]

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Good news for HOA’s

  Good news for HOA’s Body corporates can claim levies from unit owners and prevent the transfer of a sectional title unit if the levies are not covered: Sectional Titles Act, 95 of 1986 and Deeds Registries Act, 47 of 1937. Municipalities can also prevent the transfer of a property if the clearance figures are […]

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