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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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LATENT DEFECTS AND THE VOETSTOOTS CLAUSE

Banda and Another v Van der Spuy and Another (08/5489) [2011]. ZAGPJHC 126 (23 September 2011)

Latent defects and the voetstoots clause were again under the spotlight in this recent court case.

The facts of this case were as follows: […]

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Cost of Transfer

The costs of transferring ownership in immovable property are borne by the purchaser. If the purchaser is obtaining a loan from a bank to purchase the property, then two registrations take place in the Deeds Office, namely the registration of […]

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