by Wessels + Van Zyl Inc | May 27, 2024 | Property
“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent to let out your property....
by Wessels + Van Zyl Inc | May 27, 2024 | Contract, Property, Trusts
“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides...
by Wessels + Van Zyl Inc | Apr 25, 2024 | Property
“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a...
by Wessels + Van Zyl Inc | Mar 25, 2024 | Property
“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into your name, and move in. But then disaster strikes. The...
by Wessels + Van Zyl Inc | Feb 26, 2024 | Property
“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer comes in for your property, so you accept it. But you’re not happy with a few of the...
by Wessels + Van Zyl Inc | Jan 29, 2024 | Property
“No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.” (National Building Regulations and Building Standards Act)...
