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Voetstoots Clause in Deed of Sale

Almost every Deed of Sale/Offer to Purchase relating to the sale of immovable property contains a clause stating that the property is sold “voetstoots” (as is/as it stands). What is the effect of such a clause? Under the common law […]

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Remember the basics when signing the Deed of Sale

Yonda Investments CC v Rohr and Another (29235/2009) [2012] ZAGPPHC

(25 June 2012)

This recent judgment is one of many cases in which a Deed of Sale is declared void for non-compliance with the law and illustrates how important it […]

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Bond Clauses

Murphy and another v Durie 2006 JOL 18301 (C) [7 September 2006]

When has a loan been “obtained” by a Purchaser? Does the word “obtained” mean the same as “granted”? Does the word “granted” mean the same as “granted in […]

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Beware of poorly worded “Bond Clauses”

Park 2000 Development (Pty) Ltd v Page (905/2010) [2011] ZASCA 208 (29 November 2011)

This recent court case dealt with the “bond clause” and suspensive conditions in a deed of sale relating to the sale of land. In this case […]

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Buyers at Auctions Beware!

Rademeyer v Viljoen and Another (69/11) [2011] ZASCA 189 (3 November 2011)

This recent court case highlighted one of the potential risks of purchasing property at an auction.

The buyer bought three farms (which were owned by a trust) at […]

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