Thought Of The Week Archives - Page 30 of 33

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Thought of the Week | Maintenance Obligations After Death

If you have maintenance obligations towards your children and/or a former spouse in terms of the divorce order which terminated your marriage, that obligation does not cease on your death. It is best to make provision in your will for

Thought of the Week | When Is Donations Tax Not Due?

In South Africa we are subject to donations tax, so simply giving away your assets or selling your assets for less than their actual market value, with no obligation to receive payment in return, may create a tax liability. Donations

Thought of the Week | When has an Estate Agent Earned His/Her Commission?

In general, an estate agent has earned his/her commission when: the agent was mandated and held a valid Fidelity Fund Certificate; the purchaser was, when the contract was signed, willing and able to purchase the property; the seller and purchaser

Thought of the Week | Changes to a Sectional Title Unit

A unit in a sectional title scheme can be amended by subdivision, consolidation or extension thereof. When consolidating or subdividing a section, the owner requires the consent of the trustees of the body corporate. The extension of a section requires

Thought of the Week | Can A Body Corporate Amend Any Scheme Rules?

When opening a new sectional title development, the developer is bound to certain management and conduct rules prescribed in the Sectional Titles Act. These include rules regarding the election and remuneration of trustees, voting, improvements and owner meetings. Once the

Thought of the Week | Signing Documents Outside SA

In terms of our High Court Rules, any document signed outside South Africa and which needs to be lodged in the Deeds Office in a property transaction, has to be properly and correctly authenticated. Signature before a Notary Public is

Thought of the Week | Appointment of the Conveyancer in a Sale Agreement

Why is the seller generally the party that is afforded the opportunity to appoint the conveyancing attorneys when the purchaser is settling the account? This is because the seller is far more at risk than the purchaser. In the 1903

Thought of the Week | Does an Owner Builder have to Register with the NHBRC?

The provisions of the Housing Consumers Protection Measures Act 95 of 1998 require home builders to be registered with the National Home Builders Registration Council and not to commence the construction of a home until they have been issued with

Thought of the Week | Play Open Cards in a Sale

If A sells her river-fronting property to B, knowing that the existence of water rights is crucial to B for his intended small scale farming operations, and withholds important information regarding water availability, such fraudulent misrepresentation can, depending on the

Thought of the Week | Moved Abroad but Buying Property in SA

We receive many queries from South Africans who have moved abroad, seeking to buy property in South Africa and rent it out pending an anticipated future return. If you have not formally emigrated and have a South African ID, you