Property Sales and Agents: Unpacking the ‘Effective Cause’ Debate In property transactions, one core rule stands firm: an agent earns commission only if they are the effective cause of the sale. This goes far beyond simply introducing a buyer to the property. The challenge lies in pinpointing who truly drove...

Transfer Embargoes: How much say does a Municipality have? Lodgement of Spluma Certificates, no longer a registration requirement in the jurisdictional areas of Govan Mbeki and Emalahleni to take transfer of an immovable property. Introduction I find it exciting when the common law is developed in our Constitutional Court, as...

Dangers of informal Family-Friend-Business Agreements Agreements with friends and family often rely on trust, but as shown in De Kock v Du Plessis and Others (284/2023) [2024] ZASCA 117, they can quickly become complex without proper documentation. What began as a well-meaning family arrangement escalated into a courtroom dispute, ultimately...

Homeowners vs. Homeowners’ Association We often choose to live in secure communities with high walls, only to find that the rules within these communities start to annoy us. The prescribed color of paint, a 40 km/h speed limit, the height of fences, and the behavior of kids and dogs can...

Sale Agreements and Municipalities DISCONNECTION OF ELECTRICITY, VALUATION ROLLS, ESSENTIALS IN PROPERTY CONTRACTS AND DAMP ISSUES Property ownership often evokes strong emotions, especially when issues such as overcharging, wrongful actions, or unfair treatment arise. Addressing these injustices typically involves lodging disputes, thorough investigations, discussions, and ideally, finding common ground to...