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…

Yes you can on condition that the purchase price is not less than the monies owed under the existing bond. There are very few attorneys in South Africa who specialise in setting up secure fixed property instalment sale agreements. At Bert Smith Attorneys, this is our speciality. Contact Us and we will assist you. 

These days, the seller and his agent are required to let the buyer know of all defects or potential defects regarding the property for sale even if it is being sold voetstoots. If the seller does not disclose the defects he could be held liable for damages. In fact, the law makes it mandatory for…

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…

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