Rouwkoop Clauses: What Is It and Is It Enforceable?
The rouwkoop clause, frequently featured in agreements between sellers and purchasers, grants the seller the right to retain a portion or a specified amount of the payment if the agreement is cancelled. The general principle, which normally applies when an agreement between two p
The Dos and Don’ts for Landlords Regarding the Rental Housing Act
In South Africa, the Rental Housing Act lays out important dos and don’ts for landlords. By adhering to these guidelines, landlords can maintain positive, lawful relationships with tenants, ensuring a fair and transparent renting experience for all parties involved. Landlords p
Is It Possible to Override a Registered Antenuptial Contract with a Postnuptial Agreement?
Before the Matrimonial Property Act 88 of 1984 (MPA) was introduced, matrimonial property law in South Africa was governed by the immutability principle. This principle dictated that the property regime chosen by a couple at the time of their marriage could not be altered afterwa
Can Employees Be Dismissed for WhatsApp Messages?
How widely and consistently do you use WhatsApp in your workplace? Do you have WhatsApp groups designated for work purposes? Can you freely express your opinion on certain topics while in those WhatsApp groups? Given the social media era that has dawned within the workplace, a cr
Should Sellers Provide Approved Building Plans When Selling Property?
The simple answer is no. However, the National Building Regulations and Building Standards Act mandates that local authorities approve building plans for the construction, alteration, or conversion of a building. Consequently, if approved plans are absent, the property owner woul
Factors to Consider Before Negotiating Your Home Loan’s Interest Rate
As interest rates continue to rise, many homeowners find themselves contemplating the idea of fixing their home loan interest rates. Initially, when the interest rate hike began after the historically low rates experienced in 2020, experts advised against fixing rates. However, t
Navigating the Amendments to the Trust Property Control Act: Beneficial Ownerships in South Africa
The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a substantial transformation with the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This regulatory overhaul
Navigating the Real Estate Market: Tips for Buyers
Understanding the real estate market is crucial when buying or selling a property. The market’s current favour, whether for buyers or sellers, significantly impacts your decisions and strategies. Buyers’ market: When the real estate market leans towards buyers, it signif
Factors That Influence the Value of Your Home
When determining the value of your property, it’s often a challenge to remain objective due to the emotional and financial attachment you have to your home. However, the value of a home is ultimately based on what buyers are willing to pay in the current market. Several factors