Yonda Investments CC v Rohr and Another (29235/2009) [2012] ZAGPPHC (25 June 2012) This recent judgment is one of many cases in which a Deed of Sale is declared void for non-compliance with the law and illustrates how important it is for parties to remember the basic...
Latest Articles
Renegotiating an offer that has lapsed
Matthysen v Stoney Ruver Properties 53 CC (2011 JDR 1866 (GNP)) (22 December 2011) This recent Court case illustrates the inherent risks associated with parties renegotiating an offer that has lapsed. On 1 September 2010 the purchaser purchased a commercial property...
Bond Clauses
Murphy and another v Durie 2006 JOL 18301 (C) [7 September 2006] When has a loan been "obtained" by a Purchaser? Does the word "obtained" mean the same as "granted"? Does the word "granted" mean the same as "granted in principle"? Most sales of residential properties...
Beware of poorly worded “Bond Clauses”
Park 2000 Development (Pty) Ltd v Page (905/2010) [2011] ZASCA 208 (29 November 2011) This recent court case dealt with the "bond clause" and suspensive conditions in a deed of sale relating to the sale of land. In this case the deed of sale contained a suspensive...
Buyers at Auctions Beware!
Rademeyer v Viljoen and Another (69/11) [2011] ZASCA 189 (3 November 2011) This recent court case highlighted one of the potential risks of purchasing property at an auction. The buyer bought three farms (which were owned by a trust) at an auction. One of the...
LATENT DEFECTS AND THE VOETSTOOTS CLAUSE
Banda and Another v Van der Spuy and Another (08/5489) [2011]. ZAGPJHC 126 (23 September 2011) Latent defects and the voetstoots clause were again under the spotlight in this recent court case. The facts of this case were as follows: the purchaser purchased a house...
PROMISES IN SALES BROCHURES: DEVELOPERS AND AGENTS BEWARE
Guthrie and Another v Etango Game Lodge (Pty) Ltd and Another (66601/2010) [2011] ZAGPPHC 214 (9 December 2011) In this recent court case a developer (seller) was ordered to deliver on promises in sales brochures given to purchasers. The purchasers purchased (off...
A PROPERTY OWNER’S RIGHT TO A VIEW
I was recently consulted by clients for advice on whether or not they could prevent their neighbours from erecting a structure which would obstruct their views of the sea. The question of whether or not a property owner enjoys a "right to a view" was given...
Sectional Title Levies
A recent court case (Fisher vs Body Corporate Misty Bay) involved a set of facts which will be of interest to sectional title owners, trustees of body corporates and managing agents. Fisher, the owner of a sectional title unit in the Misty Bay Village complex fell...
Property maintenance prior to transfer. Who is liable?
A recent court case dealt with the above question and provides food for thought. Quite often a purchaser of immovable property takes occupation of the property prior to transfer and in return pays "occupational rental" to the seller until transfer is effected. Most...