More Law Reports Articles

Law Reports

Error in persona

24 October 2019

Buyers misrepresentation of true identity: a material mistake (error in persona), resulting in a null and void sale because of no ‘real agreement’ or consensus to pass transfer.

Binding options

10 October 2019

An option relating to an offer for the sale of land need not be in writing, but the offer itself must have been reduced to writing when the option was granted, for it to be binding.

Preferential marketing agreements

26 September 2019

Deon Welz discusses a recent SCA decision regarding HOAs granting preferential marketing rights to estate agencies in return for a percentage of the sales value of the property.

Registration a necessity

26 September 2019

Jack Crook  covers two recent Supreme Court of Appeal cases which deal with specific types of home builder but are a timely reminder to all builders to comply with the HCPMA Act.

No way Jose

19 September 2019

A verbal contract for the sale, exchange or donation of land, or of any “interest in land” – such as a right of way, is invalid – Jack Crook discusses a recent case.

Terry v Solfafa

19 September 2019

A desperate attempt to avoid the consequences of accepting an OTP, based on only one spouse having signed the OTP, and a ‘successful sale’ of property meaning its ‘registration of transfer’.

Fidelity Fund Certificate validity

18 April 2019

Consequences of an estate agency converting from being a CC to a Company and Fidelity Fund Certificates not being issued to the correct entity.

Due and payable

11 April 2019

Riaan Mogamat Amardien and Others v Registrar of Deeds and Others: Land instalment sale - when does the debt become due and payable.

The right to choose

4 April 2019

A residential estate may allow any preferred fibre network provider to instal fibre in existing duct infrastructure owned by the estate, if there is enough space to do so.

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