This week, we start a series of posts that will deal with the legalities and requirements relating to contracts.In terms of the Alienation of Land Act 68 of 1981, Section 2(1) of the Act says as follows:2; (1) No alienation of land after the commencement...
Last week we discussed the issue of compensation when a property is expropriated. Compensation for expropriated property is governed by Section 12 of the Expropriation Act 13 of 2024, which repealed the old Expropriation Act 63 of 1975. Please refer back to last week’s post...
Last week we started discussing some of the issues relating to the new Expropriation Act 13 of 2024, which repealed the old Expropriation Act 63 of 1975. Please refer back to last week’s post to read up about S25 of the Constitution, often referred to...
I am sure that we are all aware of the thorny issue of expropriation without compensation. Over the next few weeks, I will be discussing aspects of the new Expropriation Act 13 of 2024. The new Expropriation Act repealed the old Expropriation Act 63 of...
Last week we discussed some of the tests applied by the Courts when determining if someone is an employee or independent contractor. Why are these tests important? Quite simply, if someone is an employee, then there would be a whole variety of labour legislation that...
Last week we started to discuss an important issue that arises from a Property Practitioner’s (PP) letter of employment (LOE), being whether or not a property practitioner is an employee? Refer back to that post for information relating to relevant sections in the Labour Relations...
In my last few posts, we discussed some of the important nuances between the common law of agency and the law relating to real estate agency. In particular, the fact that the mandate is given by the client to the agency and not the agent. ...
In the last two posts, I have discussed some of the important nuances between the common law of agency and the law relating to real estate agency. In particular, the fact that the mandate is given by the client to the agency and not the...
In last week’s post, I discussed some of the important nuances between the common law of agency and the law relating to real estate agency. In our common law, the client gives a mandate to the agent. However, in real estate, the client gives a...
I have had some interesting questions from real estate principals over the last few weeks regarding mandates. If a client, let us say a seller, signs a mandate with a property practitioner (PP), who holds the mandate? The property practitioner or their agency? This obviously...
