Transferring your property to a Trust? A Usufruct could solve the headache of Transfer Duty In the event that a person needs to transfer a property to his or her Trust, the transaction will draw Transfer Duty – a costly exercise. Because in effect the owner will be selling the property to the Trust. However,…

By Nadine Lombard Section 31 Contracts and Options – Housing Estates, Sectional Title Developments, Township Development in the Tshwane Municipality When it comes to land use management there are some dates landowners and developers need to be aware of, not to mention how to comply with the extremely important SPLUMA regulations in the Tshwane area….

By Nadine Lombard The regulations for land use rights according to SPLUMA, The Spatial Planning and Land Use Management Act, No.16 of 2013, have been in effect since July 2015. Here at Bert Smith Inc. we have a full understanding of the application of SPLUMA and can assist property owners and developers to comply with…

Part 2: When does the CPA apply? In the case of the sale of a home or a holiday home, the contract is between the seller and the buyer, which is governed by common law. So what is the risk for the estate agent? In Part 1 we discussed the application of common law in…

Part 1: When does Common Law apply? Under the Consumer Protection Act (CPA) 68 of 2008, consumers have the right to fair value, good quality and safety. So how does this apply to property transactions? Estate agents need to understand both how common law applies to certain property transactions and under which circumstances the CPA…

The answer is YES, unless you are a developer, investor or speculator. Our common law position is that a seller is liable to a purchaser for all latent defects in the property sold for a period of three years, after the discovery of the defects. Latent defects refer to defects which exist in hidden or…

Embrace Change? The property market has changed and will continue to do so for some time to come. Our capacity to adapt to these changes, will determine the measure of our successes going forward. Elements that contribute to this market shift: Slowdown in property sales, due to market pressures. Purchasers find it difficult to access…

Introduction Section 2 Part H of the CPA deals with the consumer’s fundamental right to fair value, good quality and safety. The CPA has a fundamental influence on the common law warranty against latent defects. It is however extremely important to keep in mind that the CPA is not applicable to all property transactions. The…

Up and until the Witwatersrand High Court Case in 2008 purchasers were believed to be limited in their ability to complain about the absence of an approved building plan for all structures on the property purchased or that such structures did not comply with the standards required by building laws. The said legal position was…

We want our clients to be happy. Happy with our offering, happy with our service, happy with the outcome. So we work to make your dreams come true. Yes, professionalism, expertise, knowledge and protocol are important but let’s not forget the MAGIC. At Bert Smith meaningful relationships are just as important to us. We strive…

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