Many transfer attorneys have heard the question from a seller: “May I remove the stove or the curtain rails or the shelves or the… ?” The most common dispute that arises between a seller and a purchaser is a dispute as to what is regarded as fixtures and fittings. The simple answer is that this […]
Month: March 2016
Suspensive conditions in a deed of sale: know your obligations
Imagine signing a deed of sale for your dream house and later discovering that the contract lapsed because you obtained bond approval one day too late. The situation could be worsened if the Seller receives a better offer for the house and accepts that better offer. If a deed of sale is made subject to […]
How to change your marital status to another form of marriage contract
Section 21(1) of the Matrimonial Property Act No 88 of 1984 provides that a husband and wife may apply jointly to court for leave to change the matrimonial property system which applies to their marriage. Requirements The decision in Lourens et Uxor 1986(2) SA 291 (C) sets out guidelines that the courts follow […]
When is a tenant an illegal occupant?
Where the Contract of Lease is breached in any way by the tenant and he or she after receiving notice thereof has not remedied such a breach within the period agreed upon, then the landlord may cancel the contract. The tenant will be found to be an illegal occupier in this instance. Where a tenant […]