Waiving the Bond Clause to Keep a Sale Alive: Risk Versus Reward
' This sale agreement is no more! It has ceased to be! This is an EX-sale!' (With apologies to Monty Python) A 'bond clause' – standard...
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King-Essack & Associates
Sep 183 min read
Property: Why Do You Need an Occupancy Certificate Before You Buy?
'…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]' (Extract from judgment...
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King-Essack & Associates
Aug 142 min read
The Garage Door That Had the Complex Up in Arms
'Good fences make good neighbours.' (Robert Frost) When you buy into a community scheme (such as a security estate, complex or apartment...
25 views
King-Essack & Associates
Aug 13 min read
Home Buyer loses R5,5m in Phishing Scam – Don’t Make the Same Mistake!
'[The buyer] must in the circumstances take responsibility for her failure to protect herself against a known risk' (extract from...
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King-Essack & Associates
Jul 53 min read
Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On
'A verbal contract isn't worth the paper it's written on' (Samuel Goldwyn) Perhaps you are a seller marketing your property through an...
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King-Essack & Associates
May 243 min read
Rising Damp and Failed Waterproofing: How to Sue the Sellers
'[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...
6 views
King-Essack & Associates
Apr 113 min read
When to Lawyer Up
'The first thing we do is, let’s kill all the lawyers.' (Shakespeare) Shakespeare must have had an unhappy experience or two with the...
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King-Essack & Associates
Mar 133 min read
Property Sales: 'Conditional Acceptance' of an Offer is Not Acceptance, It’s Rejection
'The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.'...
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King-Essack & Associates
Jan 243 min read
Can You Use Land Use Laws to Close Down a Neighbour’s Business?
'A bad neighbour is as great a calamity as a good one is a great advantage.' (Hesiod, poet of Ancient Greece) Your neighbour’s business...
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King-Essack & Associates
Dec 6, 20232 min read
Festive Season Sellers: Start Getting Your Compliance Certificates Ready
'If you don't like where you are, move. You are not a tree.' (Jim Rohn) It’s that time of year again – summer sunshine, happy...
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King-Essack & Associates
Nov 22, 20233 min read
Selling Your House to a Non-Resident
'Oh, I'm an alien, I'm a legal alien' (Sting’s ‘Englishman in New York’) South Africa is attractive to overseas property buyers with our...
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King-Essack & Associates
Nov 9, 20232 min read
A Costly Case of Buyer’s Remorse
'Caveat subscriptor'– old legal maxim meaning 'Let the signer beware!' A recent High Court decision once again highlights the dangers of...
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King-Essack & Associates
Aug 1, 20234 min read
Your New House Leaks Like a Sieve – Can You Sue the Seller?
'There is no sound more peaceful than rain on the roof, if you're safe asleep in someone else's house.' (Anne Tyler) You move into your...
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King-Essack & Associates
Jun 2, 20233 min read
Property Buyers: The Danger of Not Doing Your Financial Homework
'Look before you leap' (wise old proverb) Don’t let the excitement of buying a property blind you to the necessity of doing your homework...
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King-Essack & Associates
Apr 4, 20233 min read
Buying Property as an Investment – Some Strategies for Success
'The only bad time to buy property is later.' (Steve Bolton) Buying property, whether to live/work in or on a buy-to-let basis, could be...
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King-Essack & Associates
Nov 28, 20223 min read
Bond Clauses: Beware the Deadlines!
'I love deadlines. I love the whooshing noise they make as they go by.' (Douglas Adams) Here’s yet another reminder from our courts on...
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King-Essack & Associates
Sep 8, 20224 min read
Owning Property Jointly – The Rewards, The Risks and The Remedy
“Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to buying property jointly but be aware of the...
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