Property Law

When you plan to buy or sell your most important investment, you need legal assistance of the highest quality to ensure the accurate and speedy processing of your transfer or mortgage bond.

Our Property Law Department has decades of experience and is eminently qualified to deal with all property law-related matters, including:

We are committed to delivering on the following promises:

WE PROMISE to get your transfer through on time. Sometimes, however, delays are caused by other role players, over whose process we have no control. Should this happen, we further promise to make every effort to smooth away the hurdles and speed up the process, as we know that a delay in the transfer date may have negative financial implications for you.

WE PROMISE to be available for any questions or queries. We know that questions don’t keep office hours, so we make ourselves available any time of the day.

WE PROMISE to consult with you for free until the transfer is registered.

WE PROMISE to keep you updated throughout the process. Instant messages will be sent as important milestones are reached and progress reports are sent on a weekly basis. For your convenience, you will be able to track the milestone history and expected registration date on LexisTracker with your unique login details.

Need more help?

We’re just a call away.
Let us give you peace of mind.

Call us now:

041 363 6044

Send us a message:

info@kaplans.co.za

Frequently asked questions from first time home owners

In the event of the banking institution not affording costs inclusive in the finance approved, can we apply for a personal loan

We recommend that the buyer assess their credit worthiness with the bond originator alternatively with their banker as it could amount to the buyer being financially “over-exposed” and exceeding the necessary credit worthiness needed to qualify for the bond finance.

It is important to understand all conditions contained in the offer to purchase prior to signing

The offer to purchase is a legal, binding document with severe consequences if you are in breach. It is essential to understand each clause within the offer and ask all necessary questions. The estate agent should explain each clause to ensure all parties understand fully. Anything agreed to at the time of viewing the property should be confirmed in writing in the offer.

What are important questions a first-time buyer should ask (before / during) the signature section for concluding an offer to purchase

The buyer should call for a transfer & bond cost quotation to determine the related cost implications when purchasing property

Is there building plans available / liaise with a builder and or the building inspector to determine any restrictions and or unauthorised buildings not approved by council.

Thoroughly inspect the property (open cupboards, turn taps on etc….) there are options available to a buyer to secure a property inspection at a charge to be borne by the purchaser. Any undertakings verbally discussed are to be reduced to writing and recorded in the offer to purchase. Ask as many questions as possible.

Address municipal readings (for water and or electricity if metred through council) and ensure that the change of ownership is actioned at the time of transfer (this will be for the purchaser’s liability)

Analysis comparisons relating to insurance (whether outside / structural insurance and or life cover where applicable)

If buying in a complex, ask for the rules. This is especially important should you have pets or want to do renovations. Many complexes prohibit or have limitations on size or number of pets and have strict guidelines on any renovations

If buying into a sectional scheme, double check whether any special levies are applicable

Obtain a proper breakdown of the costs associated with home ownership in order to ensure affordability – factor in items such as rates, levies, utilities and bond instalments