Property Archives - Page 3 of 5 - Ashersons Attorneys

26 Aug 2025

Neighbours’ Facebook Feud: Cats Pics, Karens & Keyboard Muppets

“Dance like no one is watching, but text, post, and email like it will be read in court one day.” (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over free-roaming jackals that turned sour. The golf estate and the Facebook group The scene here is one of Sandton’s large and secure golf estates, whose closed Facebook group, aimed at fostering community spirit, reaches some 1,800 residents. Jackals roaming freely on the estate were at the heart of this dispute, with residents split into…

28 Jul 2025

By Ashersons Attorneys

Your House Burns to the Ground: Can You Hold the Seller Liable?

“Time shall unfold what plighted cunning hides.” (William Shakespeare, in King Lear) A recent High Court judgment confirms, yet again, that if a property seller knows about a hidden defect and keeps it quiet, no exemption clause will save them. A loud roar, rolling flames, and a dream home turns to ashes A family thought they were moving into a solid, well-built family home (a dual-level freestanding residential townhouse). They had no idea a hidden hazard was buried in the walls above their fireplace. They found out on a cold and rainy Free State night when they lit a winter…

25 Jun 2025

By Ashersons Attorneys

A Bond Clause Deadline Whooshes by and a Sale Dies – Can You Revive it?

“I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams in The Salmon of Doubt) Contracts often contain suspensive conditions, a common example being the bond clause in a property sale agreement. The standard bond clause provides that the buyer must obtain a bond by a set deadline, and everyone’s rights and obligations under the agreement are suspended until the bond is granted. If the bond isn’t granted by the deadline, there is no sale. In practice, the buyer often struggles to meet the set deadline and asks for an extension. If that happens…

25 Jun 2025

By Ashersons Attorneys

Private Prosecution: Neighbours at War

“I charge you by the law.” (William Shakespeare in The Merchant of Venice) Victims of crime are entitled to see the perpetrators brought to justice. Feeling that the justice system has failed you can cause significant psychological harm and feelings of victimisation. So, what happens if you believe that you are the victim of a crime, which you duly report to the police – only to be told that the NPA (National Prosecuting Authority) has declined to prosecute? You could of course console yourself with the thought that “well, at least I tried” and walk away unfazed. But if you…

27 May 2025

By Ashersons Attorneys

A R4.25m Warning to Choose Your Conveyancer With Care

“Trust me, I’m a lawyer.” (Popular T-shirt slogan) South African property buyers and sellers will have been cheered by news that we are now officially the most affordable country in the world in which to buy a home. We’re only a nose ahead of the USA and Bahrain in this particular race, but it’s great to be a world leader in something so positive for a change. Have a look at BestBrokers’ analysis of house affordability in 62 countries here to see just how unaffordable property is in many other countries around the globe. This all bodes well for the South African…

27 May 2025

By Ashersons Attorneys

How to Avoid Fighting Over the House – A Guide for Life Partners

“An ounce of prevention is worth a pound of bandages and adhesive tape.” (Groucho Marx) It’s a perennial topic of dispute in our courts. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come off and, particularly if our erstwhile couple end up dragging each other through the courts, everyone takes a beating. Bloodied, battered and bandaged, they’re going to wish they’d implemented Groucho’s “ounce of prevention” in the first place. We’ll explain how to keep things amicable. But before we do, let’s consider the…

23 Apr 2025

By Ashersons Attorneys

When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse

“Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in love with that old dump?” haunt you. You may have a strong urge to back out – but tread very carefully here. Trying to cancel the sale without sound legal grounds will be a big and costly mistake. A recent High Court case provides the perfect example. The R135m house and the “defects” that weren’t Our buyer put…

23 Apr 2025

By Ashersons Attorneys

Can a Body Corporate Cut the Power? It’s Complicated

“A body corporate’s lot is not an easy one.” (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process. Good news for trustees is that it just became a little easier after a recent High Court ruling which authorised a body corporate to cut off an owner’s electricity for failure to pay his consumption charges. “The pandemic made me do it” An owner of an apartment in an 86-unit sectional title scheme in Sandton…

26 Mar 2025

By Ashersons Attorneys

Budget 2.0: A Mixed Bag, With Good News for Property

“Good in parts” (Like the curate’s egg) Transfer duty threshold increased by 10% You pay no transfer duty if the property you are buying sells for less than the set threshold. The threshold wasn’t increased last year, so this year’s proposed 10% increase from R1,100,000 to R1,210,000 (from 1 April) is a welcome adjustment for inflation. With all the brackets adjusted upwards by 10% as per the table below, properties at every level become that much more affordable to buyers, and by extension sellers will also benefit. Source: SARS The ongoing VAT increase saga The proposal to increase VAT from 15%…

26 Mar 2025

By Ashersons Attorneys

Why You Should Check That Your Estate Agent is Registered With the PPRA

“All that glisters is not gold” (William Shakespeare in Merchant of Venice) Buying or selling a home could be one of the most important financial decisions you’ll ever make. It’s an exciting time – but don’t lose sight of the need to tread with care. A key player in the process is likely to be an estate agent, to whom you will be entrusting one of your most significant assets. It goes without saying that you need to choose someone both competent and trustworthy. Fool’s gold? Be particularly careful here, because not everyone who claims to be an estate agent…