Property & Sectional Title

Whilst insanely proud of and inspired the high ethical standards generally upheld by my learned colleagues in the profession, a recent matter handled by our consultancy revealed a concerning trend in legal practice: where clients, instead of receiving sound guidance, are left burdened by costs, confusion, and unnecessary confrontation.

Buying or selling property is one of the most significant transactions most people will ever undertake. Yet too often, there is a disconnect between buyers, sellers, agents, and conveyancers, leading to uncertainty, disputes, or unnecessary delays.

A recent judgment of the Western Cape High Court in Momentum Metropolitan Life Ltd v Lavender Hill Trading 544 CC and Another has stirred debate about whether South African courts are softening the rules on electronic signatures in suretyship agreements.

In community schemes, questions often arise about who must pay a special levy when a sectional title unit is sold. Is it the seller who was the owner when the levy was raised, or the purchaser who becomes the new owner when it’s due?