While it isn’t possible to list all the documents required for new developments because each one has its own unique set of requirements based on vast variables, we hope this list assists developers with regards to anticipated requirements within ‘standard’ developments. Wherever possible, different scenarios were pre-empted in order to widen the variety of documents…
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 major 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 CPA…
The voetstoots clause is included in the sale agreement when the purchaser agrees to buy the property as it stands with a full understanding of its defects. In this case, the seller has a duty to disclose all hidden (latent) defects to the buyer. At the same time, it’s the purchaser’s responsibility to carefully inspect…
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? In simple terms, the CPA doesn’t have a strong role to play when it comes to the sale and purchase of immovable property, especially residential property. This…
Our common law states that the seller gets to choose who the transferring attorney/conveyancer will be. However, the buyer must pay the transfer and attorney costs. This may seem unfair but if you think about it, the seller is more at risk if the deal doesn’t go smoothly because he is the party receiving the…
