MDW Attorneys selling Property

18/08/2026

Is your contract watertight, or is it a dispute waiting to happen?

From standard breach provisions to payment timelines, a surprisingly small handful of clauses cause the vast majority of commercial litigation in South Africa.

Knowing where agreements break down gives you the upper hand in negotiations and keeps you out of court.

Discover the top dispute-causing clauses on our blog:

Most commercial disputes do not arise because parties act in bad faith. They arise because the contract they signed was poorly drafted. Ambiguous payment

28/07/2026

Is a "no transfer duty" property deal really saving you money?

Buying directly from a developer means you swap upfront transfer duty for 15% VAT, which is rolled straight into your home loan.

While this saves you from needing a massive lump sum of cash on day one, it also means you are paying interest on that 15% tax through your bond for the next 20 years. Depending on the purchase price, it could actually cost you more in the long run.

Read the full breakdown to calculate the true cost before you sign:

When you walk into a modern development, the smell of fresh paint and polished finishes welcomes you into a space that feels ready to be lived in. But before

21/07/2026

Does your Will actually control your biggest assets?

Probably not as much as you think. In South Africa, things like your retirement funds, life insurance policies with named beneficiaries, and assets held in family trusts entirely bypass your Will.

If you haven’t updated your beneficiary nominations or aligned your trust deed with your personal wishes, your legacy might not end up where you intended.

A Will is vital, but a holistic estate plan is what actually secures your family's future.

Read the full article on our blog:

Many South Africans believe that once they have a signed, witnessed will in place, their estate planning is done. But it is not.

14/07/2026

Property Misrepresentation: Your Options When a Sale Goes Wrong

Purchasing real estate is one of the most significant financial commitments you will ever make. Because you rely so heavily on the information provided by the seller and their estate agent, South African common law strictly regulates the truthfulness of those representations.

If you have recently taken transfer of a property only to discover that critical facts regarding its condition, features, or zoning were completely misrepresented during negotiations, you do not have to just accept the outcome.

A voetstoots clause protects honest sellers from unknown, latent defects—it is not a legal shield for non-disclosure or dishonesty.

Find out more:

What happens if a seller gives you false information to persuade you to buy a property? South African law offers protection in cases of misrepresentation,

07/07/2026

Living in an Estate or Complex? The Rules on Levy Fines Have Just Changed

If you live in a sectional title scheme or a homeowners' association (HOA) in South Africa, you are probably used to seeing fines. Speeding inside the gates, parking in the wrong bay, or leaving your wheelie bin out a day too long—and suddenly, a surprise penalty appears on your monthly levy statement.

For years, many complexes handed these out automatically. But the rules of the game have officially changed.

Thanks to a binding directive from the Community Schemes Ombud Service (CSOS), estates can no longer act as judge, jury, and executioner. If your estate management issues a fine without following a strict, fair legal procedure, that fine is legally invalid.

Click on the link to read full article:

For many South Africans living in estates or sectional title schemes (community schemes), fines have become part of everyday life. A penalty for speeding, a

30/06/2026

The Ultimate Property Question: Is 2026 the Year to Buy or Rent in South Africa?

It is a choice almost every South African faces at some point: should you pay off your own bond, or are you just funding someone else’s investment by renting?

With shifting interest rates, a changing economic landscape, and property markets behaving differently from Cape Town to Johannesburg, the answer isn’t as simple as it used to be. Buying builds a long-term asset, but renting gives you unmatched flexibility and zero maintenance headaches.

Before you make one of the biggest financial decisions of your life, you need to look past the emotion and look straight at the hard math.

There is no one-size-fits-all answer, but there is a right choice for your specific financial health and lifestyle goals.

Read more:

23/06/2026

The Airbnb Dilemma: Is Cape Town Heading for Stricter Short-Term Rental Rules?

Cape Town has long been a global tourism hotspot, but its soaring popularity has triggered a fierce debate. On one side, property owners and the tourism sector are thriving. On the other, locals are facing skyrocketing long-term rental rates and a tightening housing crisis.

With cities around the world introducing heavy restrictions on platforms like Airbnb, many are asking: What comes next for the Mother City?

South Africa's legislative framework—coupled with Cape Town's local zoning by-laws—is facing increasing pressure to find a balance between economic growth and housing accessibility for everyday residents.

Read the full article on our blog:

Don’t fret just yet, landlords. As of March 2026, there are still no specific laws regulating short-term letting in South Africa.

09/06/2026

Whose Deposit Is It Anyway? Navigating the Rental Security Tug-of-War

The moment a tenant hands over a security deposit, a silent countdown begins. Tenants expect it back in full, while landlords want to ensure their asset is protected against damage. When the lease ends, this often turns into a legal tug-of-war.

In South Africa, rental deposits are strictly governed by the Rental Housing Act. Bypassing the rules—whether it's skipping inspections or withholding funds without proof—can land you straight in front of the Rental Housing Tribunal.

Whether you are a landlord protecting your investment or a tenant moving to a new home, understanding these legal boundaries is essential.

Visit our blog:

Navigating the tug-of-war over rental security

02/06/2026

Company vs. Trust: Where does your business risk sit?

A company is built to grow a business. A trust is built to protect what that business creates. Choosing the wrong one can stall your funding or leave your personal assets exposed to creditors.

Before you structure or scale your setup this year, understand how corporate tax rates, personal liability, and funding opportunities shift depending on your choice.

Read full article on our blog:

27/05/2026

Can a court completely block a biological child from inheriting?

Yes, it can. The North West High Court recently invalidated a disputed last will and testament and officially declared a daughter unworthy to inherit from her father's estate.

The judgment highlights a critical truth: the formal rules governing wills are there for a reason. When those safeguards are bypassed—whether through carelessness or worse—the consequences for a family legacy are devastating.

If you have a will, are planning to draft one, or want to understand how the courts protect vulnerable testators, this case is essential reading.

Read more:

The North West High Court's judgment in Lombard v Van Der Merwe, handed down on 24 March 2026, is essential reading for anyone who has a will, is thinking