Legal and Property Advice from the Professionals
This week's query for our Property Poser experts comes from a reader who concluded an offer to purchase on a property with an elderly couple. For reasons not disclosed, the sellers then expressed their wish to cancel the deal. It is not clear what steps were taken in this regard but the reader says he refused to accept the cancellation. It appears that he wishes to enforce the terms of … [Read more...]
A reader has approached the Property Poser panel with a number of questions regarding the sale of a fixed property by way of instalments and also the effect that a suspensive condition might have on such a sale. The reader is looking to sell his sectional title flat and has been introduced to a potential purchaser by an agent. The buyer has only qualified for a bond of 85% of the purchase … [Read more...]
This week, a reader asks the Property Poser panel for help with an issue pertaining to the process of transferring a property. The reader writes that she successfully sold her property and the transfer process was handled by Attorney A. She then made a successful offer to purchase on another property and Attorney B was appointed to deal with that transfer. Although not required by the … [Read more...]
This week our Property Poser experts consider questions from two readers about the rights of tenants in relation to their landlords. The first question comes from a tenant whose landlord has recently passed away. The property has been placed on the market and he wishes to know what his rights are as far as the agent putting up a "for sale" sign and bringing in potential buyers goes. The … [Read more...]
This week the panel considers the tax and other financial implications of selling a property that is not your primary residence. The question comes from a reader who has been renting out such a property for a decade and now wishes to sell it. He has obtained a valuation but is uncertain as to what the costs will be on his side. The reader asks firstly about the tax situation and secondly … [Read more...]
Purchasing a property from a deceased estate is often fraught with problems. The question before the panel this week relates to a transfer that appears to have hit a dead end. Some time ago, a reader signed an offer to purchase on a property that formed part of a deceased estate. The previous owner had passed away two years before and the deceased’s sister appeared to be dealing with the … [Read more...]
This week our experts help a reader sort out a rather complex and emotional legal problem involving her parents and their right of use on part of her property. The reader's situation did not begin as a usufruct-related issue. She had initially invited her parents to come and live on her property and build a cottage there. After the building was completed, her parents suggested that they … [Read more...]
This week, our panel deals with a question from a reader grappling with the issue of moral defects versus latent and patent ones. The reader is currently renting a property, which is on the market and has been viewed by several potential buyers. When questioned by the viewers about possible issues or faults relating to the property, he has responded truthfully. Unfortunately, it appears that … [Read more...]
This week our panel helps a reader who is uncertain about what the heirs can do with a property that forms part of a deceased estate. The reader explains that she is currently living in a property that belonged to a deceased family member and she now wishes to make an offer to purchase on it. She does not mention how long ago the family member passed away but it appears that the transfer … [Read more...]
This week our experts shed light on the transfer process and how long it typically should take. A reader made an offer to purchase a property – subject to obtaining a bond to finance it and selling her existing property within three months. However, the property that she purchased is one of two houses on a piece of land that was to be subdivided into various stands for a cluster housing … [Read more...]
A reader has enlisted the help of our experts regarding a property he purchased from a deceased estate. In September last year, he signed an offer to purchase in his capacity as trustee of a trust. One of the terms of the agreement was that transfer would take place by November. Shortly after the reader and the executor of the estate signed the offer to purchase, the executor objected to the … [Read more...]
This week, our panel of experts deals with a frustrated reader's attempt to purchase a property. The reader says she has signed all the required transfer documents drafted by the conveyancer, but the seller refuses to sign them. When the reader enquired about the delay, she was informed that the seller no longer wishes to sell. Due to a lack of communication from both the agent and seller, … [Read more...]
An unsatisfied buyer has asked our experts whether there is a cooling-off period when purchasing a property. It appears that he has already signed all the documents relating to the transfer and moved in. He mentions problems that were experienced when trying to move furniture into the double storey house, which included having to hoist some pieces up to the first-floor balcony to access the … [Read more...]
A reader, who bought a house with her partner, finds herself in a predicament as a result of the relationship having broken down. Her former partner now wishes for her to take full ownership of the property. Lucille Geldenhuys from Lucille Geldenhuys Attorneys in Stellenbosch says there are various aspects the reader has to consider when making a decision regarding this problem. "One … [Read more...]
Subsequent to a previous column that dealt with the same topic, this week's reader would like advice from our panel of experts regarding suspensive conditions. He put in an offer to purchase a property subject to the sale of another property and the seller accepted the offer. Our reader's suspensive condition was never met and he accepted that his offer to purchase the property became null and … [Read more...]
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