Category Legal Questions

Register as an interim Estate Agent

27 Mar 2014

There are regular inquiries to the Institute of Estate Agents, Western Cape, as to what to do when one wants to register to become an intern agent, whether this is necessary, and what steps to follow once registered to become fully qualified.

Over the six month period the intern or new agent will learn the principles of real estate, property law and ethics, sales and marketing techniques needed, and how to run his business.

This is according to Annette Evans, regional manager for the Institute, who says there are three basic things that need to be done, the first being the actual registration with the Estate Agency Affairs Board, which needs the following:

– The fully completed and signed application form (which can be downloaded);

– A certified copy of a valid ID book;

– A...

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Trouble with trusts

Whether or not 2014 lives up to the forecasts of accelerating strength in the property market, you need to know that your sale or purchase of land will be invalid unless it complies strictly with these legal requirements –

    1. The sale must be recorded in a written agreement of sale, and
    2. The sale agreement must be signed by both seller and buyer, either personally or by an agent authorized in writing to sign on that party’s behalf.

The twist with truststrusts
There’s an additional twist to be borne in mind when one of the parties is a trust – trustees must act in accordance with the requirements of the trust deed, and where they are required to act jointly (which will be the case unless the trust deed provides otherwise), a trustee acting alone must be properly authorised to do so by the ot...

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DE REBUS DIGITAL – Read Online

NewDERebusAug13Read the latest issue of De Rebus Attorney’s Journal

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Risk Alert Feb 2013

First a conveyancing scam alert

warninglogo5Bad news! After going quiet for a short time, the scamsters are now back and operating in various jurisdictions.

Please warn your conveyancing staff not to allow the seller to change the details of the bank into which the proceeds of the sale must be paid. If the seller insists for a valid reason, then s/he must provide you with written instructions AND proof that the new bank account is hers/his.

Where the property sold belongs to a married couple or more than one owner, then instructions MUST be obtained from both the joint owners. Too often we have the situation where the conveyancer assumes that the husband/wife will agree with his/ her spouse’s instructions. This is very often NOT the case! For the full article please click on the source link below:

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Destruction or damage of property

Destruction or damage

SECTIONAL TITLE

There are three instances when a building (or buildings) is deemed to be destroyed, i.e. as provided for in section 48 of the Sectionals Titles Act 95 of 1986 (the Act):

  1. Upon the physical destruction of the building
  2. When the owners by unanimous resolution so determine, and
  3. When the court makes an order to that effect.

From the above it can be assumed that in the first instance the building is physically destroyed, i.e. the building is no longer intact.  It is therefore not actually ‘deemed’ to be destroyed, but physically destroyed.  In the other two instances the building is still intact and not really destroyed in the true sense of the word.

Section 48(3) of the Act provides for the authorisation of a scheme for the rebuilding and reinstatement ...

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Effect of death of an heir

It often occurs that an heir of a deceased testator dies before or after the death of a testator, who died testate or intestate. The question begging an answer is what effect does the death have on the devolution of the inheritance of immovable property bequeathed or inherited by such heir.

Where the testator died testate or intestate and an heir predeceases the testator, the provisions of section 2C(2) of the Wills Act 7 of 1953 or section 1(6) of the Intestate Succession Act 81 of 1987, respectively, apply.

The referred to sections read as follows:

“Section 2C. Surviving spouse and descendants of certain persons entitled to benefits in terms of will.

(2) If a descendant of the testator, whether as a member of a class or otherwise, would have been entitled to a benefit in terms of the p...

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THE LEGAL PRACTICE BILL



Justice Minister Jeff Radebe announced that the Legal Practice Bill has been tabled in Parliament after it was certified by the Chief State Law Adviser. He said the Bill is a milestone in the history of the profession. It opens doors of access to the profession and guarantees accessible legal services, by creating a framework for the determination of reasonable and affordable fees.

According to a recent press release:

The Law Society has welcomed the Legal Practice Bill and commits to engaging in discussions with other stakeholders The Law Society of South Africa (LSSA) welcomes the publication of the long-awaited Legal Practice Bill...

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Reporting the estate of a deceased person

A deceased estate comes into existence when a person dies and leaves property and/or a document that is a will or is intended as a will. The estate must then be administered and distributed, either in accordance with the deceased’s will or, if the deceased did not leave a will, in accordance with the provisions of the law. The Administration of Estates Act, 1965, prescribes the procedure to be followed for administering a deceased estate.
The estate of a deceased person must be reported to the Master within 14 days of the date of death. The death can be reported by any person who has control or possession of any property belonging to the estate of the deceased, or who has control or possession of a document by the deceased that is or purports to be a will.

When must a death be reported t...

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Your rights and responsibilities as the client of an attorney

As the client of an attorney, you have the right

• to professional, honest and unbiased advice at all times;
• to be treated with professional courtesy, respect and fairness, regardless of your race, nationality, age, gender, sexual orientation or disability;
• to privacy and attorney-client confidentiality;
• to agree the type of service you can expect and receive;
• to clear explanations in terms you can understand;
• to find out from the start of the consultation what you are hoping to achieve, and aim to make sure that your expectations are realistic;
• to know who will be handling your matter;
• to be advised on the likely success of your matter and not to do unnecessary work that will lead to unnecessary expenses;
• to an explanation of the cost implications a...

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Can I get out of my lease early?

A Property24 reader asks: I am a tenant and I have signed a fixed period lease agreement with the landlord. I can no longer afford to stay at the premises. I have once forwarded my lease cancellation notice and the landlord representative informed me that, since I have signed a fixed term lease agreement with the landlord, I cannot make any lease terminations, prior to expiration of the lease. As per information from her, I am liable for rent until the lease expiration. Please advise if I honestly don’t have a way of terminating the lease agreement? I am in a bad financial situation and I am afraid the situation is getting worse. Your assistance will be much appreciated.

Marlon Shevelew, specialist rental and eviction attorney at Cape-based legal firm Marlon Shevelew and Associates repli...

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