Buying or selling property is a big deal for most of us, and no one wants to be in the position of a couple who, having viewed a house advertised as “a renovator’s dream”, signed an offer to purchase immediately but then changed their minds. 

Too late! The seller had already accepted the offer, creating a binding sale agreement. The buyers’ breach left them liable to pay the agents their commission - a costly mistake which they could easily have avoided. We discuss, with a focus on the High Court’s application of the old “let the signer beware” maxim.

 


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November 2023 NEWSLETTER
A Costly Case of Buyer’s Remorse

Buying or selling property is a big deal for most of us, and no one wants to be in the position of a couple who, having viewed a house advertised as “a renovator’s dream”, signed an offer to purchase immediately but then changed their minds. 

Too late! The seller had already accepted the offer, creating a binding sale agreement. The buyers’ breach left them liable to pay the agents their commission - a costly mistake which they could easily have avoided. We discuss, with a focus on the High Court’s application of the old “let the signer beware” maxim.

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Buying a Used Car – Your Rights
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Buying a used vehicle will never be an entirely risk-free business, but what happens when, after forking out good money for what turns out to be a total dud, you are fobbed off by the seller with a dismissive “sorry, it’s your problem and your loss”?

We’ll address your legal remedies under the Consumer Protection Act with reference to a number of recent decisions from the National Consumer Tribunal. Cases of breakdowns, tow-ins, incorrect tyres and undisclosed accident damage were all considered by the Tribunal, and the dealerships concerned all came off second best…

   
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Selling Your House to a Non-Resident
ArticleImage In your quest for the best buyer and the best price for your house, you may well end up receiving an offer from a foreigner keen to take advantage of our weak Rand, value-for-money property market and attractive lifestyle.

Before accepting an offer, you (and your buyer) need to consider several important questions. What restrictions and regulations apply to a non-resident buying property in South Africa? What happens if the buyer wants to buy in the name of an entity? What happens about signing documents overseas? What are the tax and other practical implications? We address all those questions, and more.
 
   
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How Does the New Divorce Act Ruling Affect You?
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The recent Constitutional Court decision declaring a section of the Divorce Act unconstitutional has attracted a lot of media attention, but it hasn’t always been made clear who needs to know about it and who doesn’t. 

We’ll discuss who is affected and who isn’t after a quick reminder of the three choices of “marital regime” available in South Africa, with an emphasis on answering the questions “What is this ruling all about?” and “What does it mean in practice?” We end off with an important note for couples about to tie the knot.

   
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Legal Speak Made Easy
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“Roman-Dutch law”

If you’ve ever wondered why so many legal principles referred to by our courts are stated in Latin or Dutch, the answer lies in the history of our legal system. “Roman-Dutch” law was based on old Roman law as applied in the Netherlands during the 17th and 18th centuries and was imported to the Cape during the Dutch colonial period. Although substantially modified since then by importation of English legal principles and by modern legislation, our common (unwritten) law remains Roman-Dutch and our courts still on occasion refer back to original Roman and Dutch laws, often using the original Latin and Dutch phrases.

   
         
 

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 Tel:  021 702 3070
Email:  info@matthewsenslin.com
Website: www.matthewsenslin.com

 
         

Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.


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