MDW Attorneys selling Property

06/10/2026

Planning a beach wedding in South Africa? Don't let your dream day become legally invalid.

Saying "I do" with your toes in the sand sounds romantic, but under South African law, signing a marriage register outdoors comes with strict legal hurdles. From designated physical structures to solemnisation requirements, missing a single statutory detail can leave your marriage completely unrecognised in the eyes of the law.

Before you set up your beach altar, make sure you know the exact rules required by the Department of Home Affairs.

Find out more:

South Africa's coastline draws couples from across the country and abroad. The beaches of the Western Cape, KwaZulu-Natal, and the Garden Route are among the

29/09/2026

When a property deal falls through, who actually holds your deposit?

Whether a home loan gets rejected or a seller fails to meet a suspensive condition, a collapsed property deal can quickly turn into a financial nightmare. If your deposit isn't properly safeguarded, getting your cash back can take months of legal battling.

Before transferring hundreds of thousands of rands into a trust account, make sure you know who is protecting your funds—and under what exact conditions they can be released.

Read the full guide on our blog to keep your deposit safe:

Property transactions rarely unravel overnight. A deal that starts smoothly with a signed Offer to Purchase (OTP) and a paid deposit can quickly run into

23/09/2026

The rules of homeownership are being rewritten.

Today's young buyers are choosing to go it alone — prioritising financial independence earlier, often before starting a family. Zero-deposit and cost-inclusive loans are helping make it possible.

Thinking about buying your first home? Let's make sure the legal side is just as solid as your decision.

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Rather than waiting for marriage, children, or other traditional life milestones before entering the property market, young homebuyers, classified as those

01/09/2026

Think your property insurance automatically covers storm and flood damage? Think again.

With extreme weather events becoming more frequent, many property owners only discover the gaps in their cover after disaster strikes. From unapproved municipal building plans to under-insurance, hidden policy exclusions can leave you facing massive out-of-pocket repair bills.

Before the next storm hits, make sure you know what is actually covered—and what could invalidate your claim.

Read the full article to protect your property and finances:

With weather patterns becoming increasingly unpredictable, property owners must ensure that they have the correct insurance policies to cover potential

25/08/2026

Got an offer on your property? Here is what happens next.

Selling a home involves far more than just signing an Offer to Purchase. Getting your rates clearance certificates, managing compliance checks, and understanding transferring timelines are crucial to a smooth handover.

Ensure your first property sale goes through without a hitch.

Read full article on our blog:

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