In last week’s blog, we started to discuss Regulation 36.1 of the Regulations to the Property Practitioners Act 22 of 2019 which is the Regulation dealing with the mandatory disclosure form. Refer back to Defects and the Property Practitioner Part 3. Continuing on from last week,...
In last week’s blog, we discussed S67 of the Property Practitioners Act 22 of 2019 which makes reference to the mandatory disclosure form that property practitioners are required to complete and have signed before accepting a mandate. We will now start discussing the mandatory disclosure form...
In last week’s blog, we started to discuss the responsibility of the property practitioner (PP) when it comes to latent defects. These responsibilities flow from the Property Practitioners Act 22 of 2019 and its associated Regulations, as well as the Code of Conduct contained in...
In the last two blog posts, we have discussed some interesting issues relating to latent defects. These blogs dealt with the relationship between sellers and buyers. We will now discuss the responsibility of the property practitioner (PP) when it comes to latent defects. These responsibilities...
The issue of defects is often quite thorny when it comes to property transactions. The recent case of Le Roux v Zietsman and Another [2023] ZASCA 102 is quite instructive in this regard. The facts of this case are briefly as follows: Zietsman bought a property...
In this blog post, we will discuss the differences between patent and latent defect. A patent defect is a defect which is clearly visible via a reasonable inspection. If one bought a property that had a broken window which is clearly visible, then this would be...
A misrepresentation is a false statement of fact or an act or omission that is designed to get the other person to enter into a contract. Hence, the other person enters into a contract as a result of the misrepresentation. In our law, there are three...
In our last blog post, we discussed the case of Naidoo v Wakefields Real Estate (Pty) Ltd. ZAKZPHC/2023/95. The facts of the case can be referred to in that blog post. There are a number of important lessons that flow from the case: The buyer in...
The recent case of Naidoo v Wakefields Real Estate (Pty) Ltd ZAKZPHC/2023/95 is most useful for both property practitioners, that one cannot just change their mind. The facts of this case are briefly as follows: The buyer contacted the property practitioner (PP) and requested to view a...
Let us just remind ourselves, that we generally get three main types of mandates when dealing with clients in real estate: Open mandate – this is a mandate that the client can give to as many property practitioners as possible. It can be given verbally...
