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Conveyancing

Hammond Pole Attorneys > Conveyancing

Voetstoots Clause – What you need to know

voetstoots blog header

The seller has a duty to disclose, and the purchaser has a duty to inspect. When selling or purchasing a property, clients are presented with the Voetstoots clause in every sale agreement. The clause essentially encompasses that the seller will not be held liable for any latent or patent defects at the property and that the purchaser is purchasing “As is, or as it stands.”  It is very important to know how to handle the topic of defects. Let’s start by differentiating between the two: Latent Defects are faults that are not immediately detected through reasonable inspection and include: a leaking pool,...

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Conveyancing Made Easy

conveyancing made easy

Blog article by: Brendan Michie – Director at Hammond Pole Attorneys. Buying a property can sometimes be a cumbersome process and before you can settle into your new home, there are contracts, lawyers, and procedures that need to be dealt with. As a law firm we regularly get questions about conveyancing, how it works and why you need us. I trust the following will make this part of the home buying process just that much easier. What is a conveyancer? A conveyancing attorney is one of the most important entities in the home-buying process. The conveyancer attends to almost all property related transactions...

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Can foreigners own property in South Africa?

foreigns owning property

Investing in a property can be a very daunting experience, and as such we would always recommend that any foreigner who would like to purchase a property contact an attorney or a reputable estate agency to seek ethical and professional advice. The facts of every matter will invariably differ on a case-by-case basis, and it is therefore crucial that proper legal advice is sought. A foreigner does not only include a natural person (like you or me as individuals) but includes a foreign company and trust as well. It should be kept in mind that should a foreign company or trust...

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Subject to or Suspensive Conditions: Everything you need to know about the clause

Subject To Clauses Blog Post

Usually when a so-called “subject to” clause is inserted into an Offer to Purchase, for the purchase of immovable property, it means that there is a condition that must be first fulfilled before the agreement is deemed to have been concluded and the property can be registered in the purchaser’s name.  These clauses are also known as “suspensive conditions” as they suspend the operation of the agreement until such conditions are met.   Ardene Nel, Attorney and Conveyancer at Hammond Pole highlights the most common examples of “subject to” conditions in real estate:   1. The offer is Subject to Mortgage/Bond finance   When a buyer...

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