Category

Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!

“[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk” (extract from judgment below) Cybercriminals absolutely love targeting property transactions because they provide the perfect mix of large money deposits, heavy reliance […]

See More

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent […]

See More

Contracting with Trusts – Is a Majority Resolution Valid?

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) […]

See More

Rising Damp and Failed Waterproofing: How to Sue the Sellers

“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the […]

See More

Property: Why Do You Need an Occupancy Certificate Before You Buy?

“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into your name, and […]

See More

Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection

“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer comes in for your property, so you accept it. But […]

See More

Why Buyers Should Ask for Building Plans (and Why Sellers Should Supply Them)

“No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.” (National Building Regulations and […]

See More

“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?

Loadshedding continues to plague us and our businesses, and when tenants are connected during power cuts to their landlord’s alternative power source – such as a generator – it is essential for both parties to understand their respective rights. Lights […]

See More

Can You Use Land Use Laws to Close Down a Neighbour’s Business?

“A bad neighbour is as great a calamity as a good one is a great advantage”. (Hesiod, poet of Ancient Greece) Your neighbour’s business is driving you to distraction. Perhaps it’s loud all-night music, or an invasion of your hard-earned […]

See More

Festive Season Sellers: Start Getting Your Compliance Certificates Ready

“If you don’t like where you are, move. You are not a tree” (Jim Rohn) It’s that time of year again – summer sunshine, happy holidaymakers in festive mode, and an upsurge in property sales. Whether seller or buyer, be […]

See More
1 2 3 5

We are open during Lock-Down!

Our legal team are available to consult with you via remote connection (Skype, Zoom, WhatsApp etc.) during the lock down period.

Please contact us for more details and let us know which date and time will suit you.

Tel/WhatsApp: 0824648701
Email: mimi@mkarstelattorneys.co.za
Skype address: mimi.karstel