RIGHTS OF PROPERTY PURCHASER PRIOR TO EXECUTION SALE
Mamogale and Others v Nedbank Ltd and Others (3112/15) [2015] ZAGPPHC 629
(3 September 2015)
What to do if you have been paying parts of a purchase price for a home you desire, only to come second when the bondholder executes against the seller and the property is sold to a third party in the execution sale. Is there a right of redemption in our law (i.e. a right to pay the unpaid debt after the sale of execution but before the property is transferred) up until the point of registration of transfer?
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The Judgment
Summary of the Judgment
OWNERSHIP IN HOA: RULES & COMPLIANCE TRUMP
Randjesfontein Country Estates Limited and Others v Masoom Trading Solutions (Pty) Ltd and Others (43706/14) [2015] ZAGPPHC 199
(20 February 2015)
The judgment addresses a dispute between a home owners association and owner regarding the use of the property as an education facility where this is not permitted in the zoning laws. It is another one in a growing line of cases where these associations are successful in obtaining orders obliging owners to comply with the rules. Home owners in such estates should take care to conduct themselves in accordance with prevailing rules and regulations, or face the music.
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The Judgment
Summary of the Judgment