Is there a duty on conveyancers to tell purchasers about seller’s historical debt?
Thursday, 23 August 2018
Background Several municipalities (Tshwane, Ethekwini and Ekurhuleni) argued in the Constitutional Court in the “New Ventures”[1] matter that it is lawfully permissible for a municipality to attach and sell a purchaser’s property in order to satisfy debt owed to the municipality by prior owners of that property. The municipalities argued that this right was given
- Published in News, 2018, Conveyancing, Property Law
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Ikea Trading und Design AG v BOE Bank Ltd (77/2003) [2004] ZASCA 27 (1 April 2004)
Friday, 10 August 2018
SUMMARY The First Respondent, BOE Bank, was the holder of a general notarial bond over Woodlam Industries CC (“Woodlam”) which was placed into final liquidation in October 1999 and as a result, BOE Bank applied to the Eastern Cape High Court for an order that the liquidation and distribution account be amended to include the
- Published in News, 2018, Conveyancing, Notarial Law
Case Note: Margalit V Standard Bank of SA Ltd (883/2011) [2012] ZASCA 208 (3 December 2012)
Monday, 03 July 2017
Summary The Appellant was the owner of immovable property (“the Property”) situated in Sandton. The First Respondent was Standard Bank South Africa, Limited; and the Second Respondent was the conveyancing attorney who was responsible for cancelling the bonds on the aforesaid Property (“the Conveyancing Attorneys”). The Appellant sold the Property to a third party at
- Published in 2017, Commercial Law, Conveyancing, Property Law
Liability for Special Levies
Tuesday, 25 October 2016
This article examines the legal issue of whether the purchaser or seller of an immovable property is responsible for the payment of special levies raised by the body corporate or the home owners association concerned before transfer occurs. Basic Context When a property is located within a sectional title scheme or within an estate governed
- Published in 2016, Conveyancing, Property Law
What type of rates clearance certificate is a seller legally obliged to obtain?
Tuesday, 24 May 2016
Introduction Following the Supreme Court of Appeal’s Mathabathe judgment in 2013, this area of practice has become fraught with risks for buyers, sellers, banks, estate agents, attorneys, and many others. Every property acquisition can now result in unintended consequences for the unaware. This article explores the question “what type of Rates Clearance Certificate” (“RCC”) a
- Published in 2016, Conveyancing, Property Law
Case Note: The Use of an Agent for the Signature of Notarial Documents
Tuesday, 05 April 2016
Summary The abovementioned cases consisted of two applications for the registration of nuptial contracts subsequent to marriage in the Deeds Office. In Ex parte Moodley (the “First Case”) the Applicants had signed a nuptial contract prior to their marriage and same was not registered within the period prescribed by the Deeds Registries Act 47 of
- Published in 2016, Conveyancing
Case Note: Lab-Cor Trading (Pty) Ltd v Blignaut (A643/2014) [2015] ZAGPPHC 357 (8 May 2015)
Tuesday, 22 March 2016
Summary The Appellant’s claim is based on a written agreement of sale for immovable property entered into between the Respondent and the Seller which was dismissed by the Court a quo. The Appellant relied upon clause 3.4 of the agreement which read that should the sale be cancelled as a result of a defaulting party,
- Published in 2016, Commercial Law, Conveyancing, Labour Law, Property Law
CASE NOTE : ELLIS AND ANOTHER V CILLIERS N.O AND OTHERS (16936/11) [2015] ZAWCHC 145 (9 October 2015)
Thursday, 07 January 2016
SUMMARY The case deals with an application which was brought to court on an urgent basis in 2011 for the restitution of the plaintiffs’ purchase price and the defendants’ property: a wooden house (the “res vendita”) due to structural defects (unlevel floors and ceiling). The Court a quo referred the matter to trial during which
- Published in 2015, Commercial Law, Conveyancing, Property Law
