When getting married in South Africa, one would automatically be married in community of property if no antenuptial (ante – before; nuptial – marriage) contract has been drafted and executed prior to the marriage date. This has many drawbacks, as community of property marriages can leave one’s spouse (or self) financially vulnerable, says Rene Barry, partner at Henkes Nolte-Joubert. The two main types of marriages are in community of property or out of community of property with an antenuptial... Read more
Those who are renting and struggling to save a sizeable deposit to purchase their own home will be pleased to know that, if they live in Gauteng or Cape Town, the Rent2buy Finance option is now available via their attorney, as a member of the Attorney Realtor Hub (ARH), as a means of owning their own home. This product is available for pre-approved properties in the above-mentioned areas for homes priced between R400 000 and R1 800 000.  Rent2buy is exactly what it says, the tenant can rent the... Read more
Buying a home is an expensive exercise, not only in the price of the property itself but also with regards to the transfer and bond registration costs involved. This can be a stressful time for buyers, and it helps to budget very carefully beforehand, to allow for certain unforeseen costs that might arise while the transfer is being registered, says Charlene Nolte-Joubert of Henkes Nolte-Joubert and a founding member of the Attorney Realtor Hub (ARH). Transfer and bond costs, Deeds Office and... Read more
The “voetstoots” clause, meaning “with a shove of the foot” (that the buyer takes the property in its present condition as it is), has often been used by sellers as a disclaimer to protect themselves against any claims from the buyer if a fault is found after signing the offer to purchase.  This term, however, is not to be abused as known defects by law need to be disclosed to all parties involved, says Rene Barry, a partner at law firm Henkes Nolte-Joubert. Whether patent or latent, if the... Read more
Consult a lawyer before signing an offer to purchase When an offer to purchase a property is signed by both buyer and seller, this constitutes a binding agreement or “Deed of Sale” between the two parties. However, in most cases the “standard contract” might not be enough to cover all the specifics pertaining to the sale. The agreement may require some additions or alterations to clauses, which needs an expert hand in the drafting of such – as these can have serious ramifications if not done... Read more
As technology improves, so does the level of property scams that do the rounds, and while every precaution seems to be taken, there will be yet another thing that fraudsters find to dupe people out of large sums of money.   One particularly alarming scam that is circulating, is one where emails with sensitive information are intercepted. The scam artists will send an email (seemingly from the seller) to the conveyancing firm changing the details of the legitimate bank account number for the... Read more
Many couples will spend months planning their wedding, but often one of the most important aspects of planning a future together is left until later to finalise. An antenuptial contract is often something that couples do not want to talk about, sometimes even believing they’re setting themselves up to fail – but this is not the case. Drawing up a contract before getting married can be seen as a sign of mutual care for each other’s financial and legal independence, and responsibilities. Signing... Read more
A ground-breaking ruling was made this week (29 August 2017), where the Constitutional Court ruled that new owners of homes were not to be found liable for any historical municipal charges inherited from the previous owners, that their services could not be cut off as a result, nor could their properties be attached and sold in execution to cover the debt.    According to Section 118(1) of the Municipal Systems Act, the processes are that conveyancers obtain clearance certificates before... Read more
“I cannot think of any need in childhood as strong as the need for a father’s protection”. These were the words of the “father” of psychoanalysis, Sigmund Freud, and each year when we celebrate Father’s Day, it is also helpful and comforting to note that there are legal protections in place in our law to ensure that a child’s need for a fathers protection is, itself, protected. Even if a biological father and mother were not living together during the period before and after the birth of a... Read more
When I walked down the aisle ten years ago I made sure that I had my “Something old, something new, something borrowed and something blue” and I am very sure that most brides to be have given thought
to what those items would be. What this rhyme does not provide for, however, is the all-important item called an ante-nuptial contract. Often brides do not wish to taint their starry-eyed love affair by casting their thoughts to entering into a contract and there are so many negative connotations... Read more
While 1 April has come and gone and whilst that date
is known for jokes, tricks and humorous deceits, there is nothing funny about being made a “fool” of when it comes to your commercial dealings! In today’s sophisticated business world, using “cookie-cutter” form contracts is a dangerous and potentially costly gamble as there are many different nuances and factual scenarios that are unique to each person and business. We pride ourselves on being client-centric, precise draftsmen and creative... Read more