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Author: CPMD

In this week’s post, we discuss the very interesting case of Daphne Chuma v Bondcor (Pty) Ltd, Werner Serfontein and Standard Bank of South Africa Ltd. The facts of the case were as follows: On 4 August 2017 the plaintiff (Ms Chuma) and the first defendant (Bondcor),...

Last week we were discussing the case of Golden Rewards 120 CC t/a Remax Marine v M3 Holdings (Pty) Ltd.  Please read last week’s post for more details.  In simple terms, Remax Marine introduced a tenant to a landlord, but did not have a signed...

What happens if a property practitioner takes a mandate from a client and there is no agreement on the amount of the commission payable in the event of a successful transaction?The answer to this question lies in the matter between Golden Rewards 120 CC t/a...

Continuing the theme of sectional title and community living issues that we have been discussing, in this week’s post, as strange as it seems, an owner in a community scheme, must pay levies due and payable. The facts of the CSOS ruling in the matter between...

We all know that sectional title living requires compromises.  The interesting question is to what extent should one expect to compromise.  A recent ruling from a CSOS matter in the Western Cape is quite interesting in this regard.   The facts of the CSOS ruling in the...

Here is an interesting case relating to renovations of a section in a sectional title scheme.  It is a relatively new case dating back to 2019 and is very instructive.   The facts of the case in Body Corporate Le Chene D’Or v Sohail Carim and Shablam...

Over the last weeks, we have been discussing the Code of Conduct.  Please search for any of the discussions that you may have missed.  Over the next few weeks, we will be discussing some interesting legal judgments. It is not uncommon practice, that an owner of...

Over the last seven weeks, we have been discussing the Code of Conduct.  Please search for any of the discussions that you may have missed.  This week we turn our attention to the issue of undesirable business practices.   Section 63 of the Property Practitioners Act highlights...

We will complete our discussion of the Code of Conduct and Regulation 34.6, which deals with remuneration, which is obviously very important for every property practitioner (PP).   A summary of the last part of Regulation (Reg) 34.6 follows below:   Reg 34.6.5 – a PP may not...