Chennells Albertyn Attorneys - LawDotNews January 2025 | How Can I Buy Property in South Africa as a Foreigner? https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg_2JNBg6aXYgt5a_QG1q-gZgNmcHC3o2nhY_rqJrSuNWSGNngLMlAZIWfxEr28DMGV6mj8gf7oPrOxXGH3P2Lio=-NOPAD Chennells Albertyn Attorneys 01 January 2025 South Africa is a popular choice with international property buyers, offering high affordability and growth potential, a strong legal and regulatory system, and of course a very attractive lifestyle with a wide variety of property options. Our newly minted crown as “the friendliest country in the world for tourists” means we could become even more popular.  Whether you’re one of those overseas visitors hankering after your own slice of Mzansi, or a local keen to answer y... December 2024 | Who Appoints the Conveyancer? Your House, Your Choice https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg7EmJTKNAd0neSs2MJnoouYxsBv_WDYnptWoUTp_XU2eZh2hCaxhVJJYRcQVhMu8531g-UbPE5OI_6muO1jXVzY=-NOPAD Chennells Albertyn Attorneys 01 December 2024 Selling your house is a really big deal, not least because it is quite likely one of your largest assets. So, you need the legal side of things (in particular the transfer of ownership to the buyer) to be in safe and competent hands. Critically, you will need a conveyancer to handle the transfer for you. But what should you do if you are pressured to appoint not your own trusted attorney, but someone else’s choice? We’ll discuss why you need a conveyancer, why the choice is yours... November 2024 | Blue Skies Ahead for Property? Be Prepared with this Buyer’s Checklist https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCgx-Jx44W2S8VwZs3LyZhRgQxBqXaasqbDHZ4vt2EqCtrFg_2j2PAe7dhvpawsjnK3aXYKTNCbGPx085xaNopIbE=-NOPAD Chennells Albertyn Attorneys 01 November 2024 If you have any thoughts of buying property this summer, you’ve picked a good time to do it. We’ll discuss why that is and then we’ll share some crucial factors to consider before you make an offer. Whether you’re a first-time buyer or a seasoned investor looking to expand your property portfolio, these tips will guide you towards a successful purchase.  Read the full article for expert guidance that’ll help make your property purchase smooth and stress-free&... October 2024 | Three Ways to Protect Yourself from the Nightmare Neighbour in Your Complex https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg93g4mmMBpF_wRo887NDEvWwvlItntJFTnG5FTZHFCJbeCAHrPt0IItHEfW-5JXacC3CvqzwNYrpM1p_R2BoCls=-NOPAD Chennells Albertyn Attorneys 01 October 2024 Bad neighbours can make life in a complex unbearable. The good news is that our law provides several quick and effective ways to protect yourself and your family from the tyrant next door. We discuss three options that may be open to victims in the context of a recent High Court fight between two neighbours in a complex that included allegations of verbal and physical abuse, threats, and harassment. We all want to leave our loved ones as financially secure as possible when we die. But tha... September 2024 | Sibling Showdown: How One Missing Word in a Will Divided a Family https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg7g17KSTvaI6HfqE8TcWZYHfuOXN8Bmc3sjmDkHPSHD6N73mDXJmIcnDnz7rXhCgiKMt1kQ5lFF8dYNeHl7S5cI=-NOPAD Chennells Albertyn Attorneys 01 September 2024 Your will could be the most important document you ever sign. A recent court fight over a poorly-drafted joint will is a stark reminder to make sure that every word in it is correct.  In a worst-case scenario, bad drafting will not only subject your loved ones to bitterly-contested litigation but can also put your last wishes at risk of not being honoured at all. All perhaps for the want of just one word.  We’ll explain what went wrong in the case in question and show yo... August 2024 | The Garage Door That Had the Complex Up in Arms https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCgzruRMVJlwGgyuA8LDktYJlR8TfXHi23ZhuUt5oFKVzWKMtzFZ0EAET1A6y72T20xd4HpacaZXHhjiJCd9OLap4=-NOPAD Chennells Albertyn Attorneys 01 August 2024 Homeowners Associations (HOAs) and Bodies Corporate take note! A recent High Court decision confirms that you cannot enforce your rules and regulations inconsistently.  At stake in this case was an HOA’s instruction to a homeowner to remove his “mirror finish” garage door, which contravened one of the estate’s architectural rules.  But, as some damning photographs of other mirrored doors proved, the HOA had seemingly not enforced that rule consistently&hell... July 2024 | Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake! https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg49r9iYPsh64Qob8UTG_cPzeH2p68pAzDHJov7UM531pJlyBjN7Vgp0XuLJd1MuTrnrCz4vxYyvtRSE2CNhjP0Y=-NOPAD Chennells Albertyn Attorneys 01 July 2024 It’s an exciting time, buying a property. But don’t let your guard down – cybercriminals love the lucrative pickings on offer from property transactions, and they never sleep! We’ll discuss the recent Supreme Court of Appeal case of a widow who, in trying to pay over the purchase price of a house, lost her R5.5m when her email system was hacked and she fell victim to a textbook email scam. Why did the SCA rule against her? How should she have protected herself? We&rsquo... June 2024 | Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg33mywaTlgwKjBMi6WYW171hGc35vjpBTVP6wiyIXbMuLtYnc6njDlF8-pjKE5o9Vp0u-AqXaXmlcKggEjAlgo8=-NOPAD Chennells Albertyn Attorneys 01 June 2024 As Samuel Goldwyn humorously put it: “A verbal contract isn’t worth the paper it’s written on.” To illustrate, we analyse a recent High Court fight over an agent’s claim to have been given a verbal mandate to find a development property for a buyer. The agent was found to have fulfilled her mandate, and the Court awarded her commission even though the sale agreement had been cancelled before transfer. The developer is left with a R450k (plus costs) bill, and no pr... May 2024 | In the Land of the Will, Clarity is King https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCgxh-kasO0OKfYpsgg-JLEorS_wxWMHzGJlSv0VTxwWVRD7mnyhEe1qe6jas4s7BntxarAeILHmZflNFB5F2l-VY=-NOPAD Chennells Albertyn Attorneys 01 May 2024 Your will is probably the most important document you will ever sign, and a recent Supreme Court of Appeal (SCA) decision confirms once again how critical it is to ensure that it is professionally drawn to reflect your wishes clearly and unambiguously.  Let’s explore the legal principles involved and the “golden rule of interpretation” in the context of a bitter dispute between a financially-struggling widow on the one hand, and her three step-children on the other. Each... April 2024 | Property: Why Do You Need an Occupancy Certificate Before You Buy? https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg8MzxBh_-YEeTTiGGOYmcJuF4Z5c4WecA26EosBpTGfM_YsfP3a8-egftCfcSHBoqVp9XsFvsYRt-YRwyKzeZlc=-NOPAD Chennells Albertyn Attorneys 01 April 2024 Imagine what a disaster it would be if, after you have bought your new dream house and moved the family in, you are told you must vacate immediately because no “occupancy certificate” was ever issued. How can that be? What is an occupancy certificate? Is it vital to have one? Is there a general duty on a seller to provide you with one? We address those questions in the context of a recent High Court decision which confirms that it’s up to you to protect yourself in that regar... March 2024 | Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg0Xsiy0k5rniJEPAygbye0e-2sjQEztlpef736CTaGDI2ZWyF3OVHXeRCDn7o4h-WWt-sGNE3fE2UhYmzVv8i0A=-NOPAD Chennells Albertyn Attorneys 01 March 2024 Making a counter-offer to an offer to purchase can be an excellent negotiating tactic in trying to reach consensus so you can finalise a binding sale agreement.  But beware of the concept of “conditional acceptance”. It is actually a rejection of the offer, and you very likely have no valid sale at all unless both parties now agree on the proposed amendments and counter-sign them. We illustrate the dangers of losing sight of this principle in the context of a recent High Court... February 2024 | Why Buyers Should Ask for Building Plans (and Why Sellers Should Supply Them) https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg6Xb00N7IQtMuqOpX6Dag4LFpJ8i8F__IYfh0l1VvhARBA_9fZd5D_11KlEgHoZW7fVsiDLPprLsSBOTEY9qM2I=-NOPAD Chennells Albertyn Attorneys 01 February 2024 If, after a property buyer has taken transfer, it turns out that a structure on the property is unlawful for lack of local authority planning permission and approved plans, who must fix the problem? Does the buyer have any claim against the seller? We address those questions in the context of the general rule that building permission is legally required before any construction can begin. We discuss also why both parties should take steps upfront to avoid any disputes over the issue – why... January 2024 | Can You Use Land Use Laws to Close Down a Neighbour’s Business? https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCgzKayaTH56aKmvnQF0D935uBdIWIF8-CLTfSYNXW6jDR2jvplO9re4B1fPzgUIhwzyfateAMtOws7bvgILo8CaA=-NOPAD Chennells Albertyn Attorneys 01 January 2024 If you find yourself being driven to distraction by nuisance from a neighbour’s business operation, and if all your efforts to find a peaceful compromise have come to nought, it’s time to consider going the legal route. That’s never first prize with neighbours, but if they leave you no choice it’s off to court you go. We discuss the outcomes of two cases involving businesses being conducted by neighbours in breach of the local land use laws. To end off, we’ll shar... December 2023 | Festive Season Sellers: Start Getting Your Compliance Certificates Ready https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg2OPApKLy_o57GnRGA0au_SWMLWjbwRmjzA7PGLGJ_ieziw61juDuLgVaXFTdbgcf9oj9kSpZYzCZp216njk4Ew=-NOPAD Chennells Albertyn Attorneys 01 December 2023 Property sale levels always surge in the Holiday Season, so it’s a good time to remind sellers (and their buyers) of the various compliance certificates that may be needed before transfer can be registered.  Sellers in particular should prepare as soon as possible to have the necessary inspections and remedial work carried out as any delays on that side can impact badly on the timing of the whole transfer. Read on for our checklist of the five compliance certificates you may need&... November 2023 | A Costly Case of Buyer’s Remorse https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg0GP4Ulo6yfr40LCaUOLOuAIcy2-5p_v7jPgWys-x3PFPMsjhmUR7WYUVQRTk0QzKDgThPF3aMJWFbygO2imyVg=-NOPAD Chennells Albertyn Attorneys 01 November 2023 Buying or selling property is a big deal for most of us, and no one wants to be in the position of a couple who, having viewed a house advertised as “a renovator’s dream”, signed an offer to purchase immediately but then changed their minds.  Too late! The seller had already accepted the offer, creating a binding sale agreement. The buyers’ breach left them liable to pay the agents their commission - a costly mistake which they could easily have avoided. We discuss... October 2023 | Security Warning: Property Sale Cybercrime Surges, and a New AI Danger https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg_-RvRQ0YJtVCtVJK8BW6bJXiaV30TGiWDnjYYjrHAu9A2s989p2V6b44MeBTkER0wDQjCsSsMzMCm4Ick41TwQ=-NOPAD Chennells Albertyn Attorneys 01 October 2023 October is Cyber Security Awareness Month, a good time to focus on the fact that cybercriminals are targeting more and more property transactions. If you are selling or buying property, keep your guard up! In the context of yet another High Court dispute over who will bear the loss of a substantial amount of money paid by a buyer into a fraudster’s bank account, we discuss the risks and share some tips on how to minimise them. Lastly, there’s a warning about a new and significant A... September 2023 | How to Protect Your Children’s Inheritances from Ending Up in the Guardian’s Fund https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg8OwXVRfTFJk_mZt-vvt2wwfHXh2XgHBnb8QxqK2jlKcs7bIrkavxD6q48QA0ZTh1G6rez2Dfzcvhms9fBG8qhg=-NOPAD Chennells Albertyn Attorneys 01 September 2023 A critical element in ensuring our children’s welfare after we are gone is of course providing for them financially. But that involves more than just drawing a will. Your will must be structured correctly, and an important aspect of that is to protect minor children’s inheritances until they turn eighteen. Otherwise, those inheritances might well end up in the government-run Guardian’s Fund. We’ll explain why that’s not a great idea at all, and we’ll suggest... August 2023 | Your New House Leaks Like a Sieve – Can You Sue the Seller? https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg_J0urLyqMeLFEvwzmj2hw9zcjUf93-sebILDFo6Au0s1LwgY1suVaC85fjIscN5BKm9TEqOx_rq7dNcxgF9TA8=-NOPAD Chennells Albertyn Attorneys 01 August 2023 You and your family move into your new dream home full of happy anticipation but then it rains, and your roof leaks. Badly.  As you run around with buckets and towels while trying to find a roof repairer available at short notice, you wonder whether you can sue the seller. We’ll address that question with reference to a recent Supreme Court of Appeal judgment concerning a flooded-out guest house and a seller who denied fraudulent non-disclosure of roof defects.In days of yore, a wri... July 2023 | Leaving Anything Important Out of Your Property Sale Agreement Will Sink It https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg3QtZwURJY1_lhytAR89aA9OwesR25-QGlg5QQ-ZdeAFtdesaVPJmEQ-zkXOhQDxPZmpJd-yjqKYD7kyFYNigaQ=-NOPAD Chennells Albertyn Attorneys 01 July 2023 In what format must your property sale agreement be, and what terms and conditions must it incorporate for it to be valid and enforceable? We’ll address that question with reference to a recent Supreme Court of Appeal fight over a R4.5m sale of land which was declared void after 7 years of confusion, delay, and wasted opportunity. All because the parties failed to include in their sale agreement a term relating to the subdivision of one of the pieces of land being sold. Our discussion co... June 2023 | Property Buyers: The Danger of Not Doing Your Financial Homework https://www.dotnews.co.za/Code/online.aspx?qry=yKPR5eDKNlaukY9Ps7iCg42ch98cZWzUdM3aEkFwcG_f3aS9lSOaiu2Y3aMa5FWx5H6Ut4jKOMgfQn_DnpqwaHhOK-_liHQNuJLYR3Rz5Tg=-NOPAD Chennells Albertyn Attorneys 01 June 2023 You sell a property but when it comes to the crunch the buyer can’t pay the required deposit. You have to cancel the sale and can only resell at a lower price and by paying an estate agent to help you. Can you claim damages to cover all your losses from the defaulting buyer? Or perhaps you are on the other side of the coin, a buyer about to sign a sale agreement. How certain should you be that you can meet all the obligations you are committing yourself to, and what happens if you breach...