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Property Law

Hammond Pole Attorneys > Property Law

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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Foreign & Customary Marriages and the implication on the South African Property Law

Marriages

Hammond Pole Attorney, Neill Mc Kinon tells us more about Foreign & Customary Marriages, and the implications thereof when it comes to conveyancing. Marriage in South Africa whether religious or by way of civil union comes with a set of consequences applicable to the transfer of immovable property. The same can be said about foreign and customary marriages. Firstly, whilst foreigners living in South Africa are entitled to own property, the consequences of a foreign marriage must always be taken into account when acquiring and disposing of immovable property. When it comes to dealing with married persons in South Africa, the Marriage Act...

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How does your marriage status affect you when buying property in South Africa?

Marriage Regimes in Property by Hammond Pole Attorneys

It is important for an estate agent to ask the question – how the parties are married from mandate stage when dealing with property. The reason for this is to establish the legal capacity of all parties in terms of the agreement. Ardene Nel, an Attorney at Hammond Pole Attorneys, explains how your marriage status could affect you when buying property in South Africa. South African Marriage Regimes The following are various types of marriage regimes in South Africa: Civil Marriages Civil Unions and Partnerships Customary Marriages Foreign Marriages Let’s have a brief look at each regime individually to better understand how this could...

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