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Filter: Property
The when, what and how of estate agent commission

12 October 2021

We’ve put our house in the market and have an estate agent that is helping us sell our property. However,... we have also told our friends that we are selling should anyone know of an interested buyer. But what happens if we get a buyer independent from our estate agent? Must we still pay agent’s commission?

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387
Article
The Validity of Electronic Signatures in Contracts of Sale of Immovable Property

20 September 2019

In the 21st century we are confronted with electronics each day. Electronic ways of doing everyday tasks assist commerce and... allow business to take place at a pace much quicker than even 20 years ago. As lawyers we have to consider the legal implications of using technological means versus the traditional methods. One of the areas to consider is the impact of electronic signatures specifically in the area of contracts of sale of immovable property.

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528
Article
Can I institute legal action on behalf of my body corporate?

07 June 2019

I live in a sectional title that used to have beautiful common property areas. The last year or two though,... owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

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290
Article
Is BEE compliance a legal requirement for estate agents?

08 August 2018

I run a small estate agency in town. I’ve recently listened to a radio discussion that implied estate agencies will... also have to be BEE compliant and get a BEE certificate. Is this true? I’m a small agency and cannot imagine that BEE compliance would be applicable to my business?

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259
Article
The pros and cons of co-ownership

12 July 2018

A friend and I are considering buying a house together as an investment property. I’m quite keen but she is... a bit worried about how it will work and if it’s a good idea. Can you give some guidance on what the pros and cons might be of jointly owning the property?

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376
Article
Will ownership pass if the agreement is tainted by fraud?

09 July 2018

You realize that your property has been sold and transferred without your knowledge. On investigation it appears that the property... has been transferred fraudulently to someone who subsequently sold it to a bona fide third person. You are still in possession of your original deed of transfer and did not give any estate agent a mandate to sell your property. Would a court declare you as the rightful owner of the property and restore your sole possession and occupation thereof?

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951
Article

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