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The validity of forfeiture clauses in South African law: Balancing buyer and seller interests in agreement cancellations
In various contractual agreements, including real estate transactions, it is common to encounter clauses that stipulate the forfeiture of a buyer's deposit if the agreement is cancelled. These clauses play a crucial role in South African law, ensuring that both buyers...
Can foreigners own property in South Africa?
The South African residential property market is increasingly showing favourable returns for foreign investors. In light of the above, questions arise on the requirements governing foreigners and the purchase of property in South Africa, and the legal requirements and...
Body corporate disputes: The role of the Community Schemes Ombud Service (CSOS)
In the realm of shared living spaces, such as residential or commercial complexes, the establishment of body corporates has become commonplace. These entities are responsible for managing common areas and shared resources, but conflicts and disputes inevitably arise....
Effective strategies for resolving disputes in homeowner’s estates
Living in a homeowner's estate in South Africa offers numerous benefits, such as security, shared amenities, and a sense of community. However, disputes among homeowners, or between homeowners and homeowners associations can arise, ranging from disagreements over...
Can someone live in my house for free? The state of evictions in South Africa
Evictions in South Africa have been a contentious issue for many years, with a significant number of people facing displacement from their homes due to various reasons such as non-payment of rent, illegal occupation, or the need for land for development purposes. The...
The importance of having a decent lease agreement
As a landlord, renting out your property can be an excellent source of income, but it also comes with a degree of risk. To mitigate this risk, it is crucial to have a proper lease agreement in place to protect yourself and your property. What is a lease agreement? A...
Know your boundaries: Who is liable for the costs of defects in boundary walls?
When purchasing property, it may come to light that the boundary walls may have some defects. The question arises on who, between a seller and buyer, will be liable to remedy this? Latent and patent defects In order to discuss defects, one needs to discern between...
How to escape joint liability under a mortgage bond
Entering into a mortgage bond with a co-applicant, such as a partner, family member or friend, is not an uncommon scenario. However, the question arises as to how a joint bond may be terminated in the event that a person no longer wishes to be jointly bound....
The benefits of arbitration
Arbitration is a form of alternative dispute resolution that is becoming increasingly popular in South Africa. This method of resolving disputes offers several benefits over traditional court proceedings, making it an attractive option for many parties. Arbitration...
Defences to a claim for defamation, as raised in the case of Trevor Manuel vs The Economic Freedom Fighters
In the case of Economic Freedom Fighters and Others v Manuel, the South African Supreme Court of Appeal considered several defences to defamation that had been raised by the defendants. The case involved statements made by members of the Economic Freedom Fighters...