MARRIAGES IN COMMUNITY OF PROPERTY AND CONTRACTUAL CAPACITY

There are various matrimonial property systems governing marriages in South Africa but, looking at the proprietary consequences of marriages, a marriage is either “in community of property” or “out of community of property”. Where an antenuptial contract was duly executed by the intended spouses prior to the conclusion of their marriage, and if the contract […]

Lethabo MashishiProperty Law

CANCELLATION OF A PROPERTY SALE AGREEMENT. WHAT ARE THE IMPLICATIONS?

Once an offer to purchase has been signed by the buyer and accepted by the seller, it becomes a legally binding agreement. It may happen that, once the agreement has been concluded, one or both of the parties decide that they no longer wish to proceed with the transaction. The seller may, for instance, decide […]

Lethabo MashishiProperty Law

PROPERTY PRACTITIONER ACT AND ITS IMPACT ON THE PROPERTY SECTOR

The long-awaited Property Practitioner Act 22 of 2019 (the “Act”) came into operation on the 1st of February 2022. The Act has brought significant changes to the property sector. Amongst others, the Act recognise the need for transformation within the property sector and the protection of consumers. As a start, the Act has broadened the […]

Lethabo MashishiProperty Law