Buying Off Plan? How to Protect Your Deposit from Developer Bankruptcy
Buying property off plan remains a popular entry point into the South African property market in 2026, driven by the exemption from transfer duty and the potential for capital appreciation during the build phase. However, as recent market shifts have shown, the risk of developer insolvency is an ever-present variable in these transactions. Understanding the […]
Evicting a Tenant vs an Unlawful Occupier: What Property Owners Must Know
South African landlords often make one critical mistake: treating every occupier who refuses to leave a property the same. The law clearly distinguishes between a tenant and an unlawful occupier, and confusing the two can derail the entire eviction process. The starting point is simple: does the person have lawful consent or a legal right […]
Transfer Duty in South Africa: Key Facts for Property Buyers
Transfer duty is the tax you pay when buying property in South Africa, governed by Section 2 of the Transfer Duty Act 40 of 1949 (TDA). It applies to immovable property and certain real rights, like long-term leases. As the buyer (transferee), you’re responsible for paying it within six months of signing the offer to […]
Navigating Property Disputes: A Guide for Owners and Tenants
Property disagreements can be stressful and costly if not handled effectively. Whether you’re a homeowner, tenant, or landlord, understanding common disputes and how to prevent them can save you significant time and money. Common Property Disputes You Might Encounter Property disputes usually revolve around ownership, usage, or responsibility for a property. These can occur in […]
SARS’ ‘Toll Fee’ on the Road to Home Ownership
Of all the costs involved in purchasing a home, transfer duty is one of the largest. Buying a property in South Africa involves more than just the purchase price. One of the additional costs that many buyers need to budget for is transfer duty, a tax levied by SARS. Understanding how this tax works is […]
Protecting Your Home
Top tips for choosing the right security company. Crime is a pressing concern in South Africa, and securing your home adequately is crucial. A robust security system, backed up by reliable response and maintenance teams, is a strong deterrent against criminal activity. It reduces the likelihood of break-ins, theft, and violent crime, giving you greater […]
Who Owns Your Home—the Bank, or You?
With the vast majority of homes being financed through the country’s biggest banks, the popular online debate around who owns a mortgaged home in South Africa continues. While some would argue that the bank owns your home, the truth lies in two salient points: As a homeowner, the important decisions related to your home are […]
Steps to Take When Your Tenant Stops Paying Rent
For many landlords, one of the toughest situations to face is when a tenant stops paying rent. It’s frustrating, but it’s important to remember that eviction isn’t just a matter of asking someone to leave. It’s a legal process governed by strict rules. Knowing how it works helps you protect your rights while avoiding unnecessary […]
Can You Back Out of a Property Purchase? Legal Consequences Explained
Purchasing property is one of the most significant financial commitments a person can make. It often involves high financial stakes, emotional investments and a legally binding contract. But what happens if you need to back out of a sale after signing an offer to purchase? Whether due to a change in financial circumstances, buyer’s remorse, […]
Seller Appoints the Conveyancer; Purchaser Pays the Fees
There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer, and the purchaser pays the transfer fees. However, this arrangement has become deeply embedded in South African conveyancing practice over many years, if not decades, due to a range of practical and legal reasons outlined […]