PROPERTY ADVICE CENTRE - LEGAL
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Please remember – these articles are not meant to replace proper legal counsel that might be required for serious issues. If anything is troubling you and you did not find the answers you were looking for then please diirect the question to us via our feedback form or otherwise just contact us and we will provide you with the answers and assistance you need.
If not, feel free to contact us with your question and we will then add it to a Q&A section here for the benefit of all. As our contributing legal firms provide us with more articles these will also get added here as well – so check back regularly.
Please remember – these articles are not meant to replace proper legal counsel that might be required for serious issues. If anything is troubling you and you did not find the answers you were looking for then please diirect the question to us via our feedback form or otherwise just contact us and we will provide you with the answers and assistance you need.
A
sale always starts with a Mandate - but what is a Mandate anyway?
A
mandate is actually quite a simple document and in practice it is
something we do every day in our daily lives
Multi
Listing Service Selling Mandate. Quite a mouthful for not so big a thing
Multi
Listing Service mandates are a common phenomenan in the industry and in
the PE region are referred to as RNS mandates
Buying
Mandates. A not so common mandate type that centres around buyers
Specialist
buyer agents will sometimes insist on a Buyer Mandate. Very
common for instance in the USA, but what does it actually entail?
Understand
the Offer to Purchase / Sales Contract is vital to both Seller and Buyer
A
proper explanation of what is entailed in an Offer to Purchase and
which clauses are of particular relevance and importance
A
Schedule of all the Documents you will need for a property transfer and
why you need them
A
brief explanantion of what exactly a suspensive condition means and how
it affects your responsibilities in a contract
Step
by Step guide to the actual legal process and steps that take place in
a sale
Property
transaction as well as agencies and attorneys are governed by a myriad
of laws and with it goes a lot of paperwork requirements
Common
Forms of Title Holding. What are they and what difference does it make?
Holidng
ownership of property as an individual, company or trust has different
implications. What about joint ownership or COP marriages?
Sole
Mandates. Why the big issue? What exactly are you signing and why.
Sole
mandates are the most common form of mandate in the SA real estate
industry but some people have a problem with them
Open
Selling Mandate. A possible nightmare for both agent and seller alike
What
are the pros and cons of an open mandate. What to look out for and why
it is probably not your best choice as a home owner.
Common
Terms in Property Sale Contracts. Get to grips with the most used
terminology
A
short summary of the most common legal property terms found in house
transactions and what they mean in plain English
Suspensive
/ Contingency Clauses are found in almost all sale agreements
If
your plan is to build your own home or do plot and plan then you need
to know exactly how the banks will assess and grant the loan.
Voetstoots
and Disclosure. What are the essential principles you need to understand
The
concept of buying "as is" or voetstoots is a tricky concept and
both parties need to understand what the concept actually means
Legal
and Contractual FAQ. Answers to the most common questions asked by
clients
Read
what the most common issues people have on property transactions and what
the answer is to these day to day questions
Property
transactions and Discrimination. Making sure you stay within the law
Discrimination
is against the law - plain and simple. You are however allowed to
excercise discretion - found out more.
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Return to Main Advice Centre
Go here for Sundry Resources such as a comprehensive guide on Moving
Go here for the Buyer Page
Return to Main Advice Centre
Go here for Sundry Resources such as a comprehensive guide on Moving
Go here for the Buyer Page