Lucienne Murray Attorneys

13/07/2026

https://nuusflits.com/masters-office-disruptions-place-focus-on-justice-departments-digital-rollout/?fbclid=IwZnRzaATCFGtwZG9mA2ZkaWQWUKezm21zRuAAjiW_GQI3OJIvZeTNm2V4dG4DYWVtAjExAHNydGMGYXBwX2lkCjY2Mjg1NjgzNzkAAR7yqdVLS1lSFpaFqLf1Mbur-HWzzuxZBhZnoQc5w714ytq93F5qbZUW85Al6w_aem_vNzQYki-YyVm3Tpg3i7d8A

The Department of Justice and Constitutional Development has provided details about service disruptions at the Pretoria and Cape Town Master’s Offices, including inaccessible physical files, network problems, processing delays and backlogs.

06/06/2026

What is Conveyancing?
Conveyancing is a highly specialised, technically intensive field that requires precision, statutory compliance, and a deep understanding of property law, risk, and regulatory frameworks.
To practise as a conveyancer in South Africa, attorneys must successfully complete the national Conveyancing Examination, a professional competency assessment set by the Legal Practice Council. This exam is widely regarded as one of the most challenging legal papers in the country.
Why is the pass rate so low?
The consistently low pass rate is not a reflection of candidate ability, it is a reflection of the complexity and responsibility inherent in conveyancing work.
Several factors that contribute are:
1. Technical complexity — Conveyancing requires mastery of statutes, regulations, Deeds Office practice, examiners’ conventions, and property law principles that must be applied with absolute accuracy.
2. High risk environment — Errors can cause financial loss, delays, or defective title, so the exam tests candidates at a standard that mirrors real world risk.
3. Volume of content — Candidates must know drafting, procedure, deeds registry practice, sectional titles, estates, bonds, endorsements, servitudes, and more.
4. Application over memorisation — The exam focuses on practical problem solving, drafting, and applying law to complex scenarios, not rote learning.
5. Time pressure — The papers are long, technical, and require fast, accurate drafting under strict time limits.
Why this matters for you?
Every property transfer, whether a first home, a deceased estate, a sectional title unit, or a commercial transaction, depends on a conveyancer who can navigate:
1. Compliance requirements
2. Financial risk
3. Statutory timelines
4. Deeds Office procedures
5. Client protection obligations
The rigorous exam ensures that only practitioners with the necessary skill, accuracy, and professional judgment are admitted to practise.
A profession built on precision
Conveyancers carry the responsibility of transferring the single largest asset most South Africans will ever own. The high standard of the exam protects the public, strengthens the integrity of the Deeds Registry system, and upholds the quality of legal practice in property law.

02/06/2026

‼️GET ADVICE BEFORE YOU SIGN

🏡 When a Property Looks “Stunning”… But Isn’t
A Marina Da Gama home. A collapsed wooden deck. A 12 year court battle. And in the end — every claim was dismissed.
Here’s what YOU should know.
1. What actually happened
The buyers purchased a home described by the estate agent as being in “stunning condition”. Seven months after moving in, the upper wooden deck collapsed.
Experts later found:
• The decks had no approved plans
• They did not meet National Building Regulations
• The defects were latent — meaning a normal buyer would not have seen them
The buyers sued the agent and the seller. After hearing their evidence, the court dismissed all claims.
💬 2. “Stunning” is not a legal promise
Words like “stunning”, “beautiful”, or “lovely” are sales talk, not guarantees. They do not mean the structure is sound or compliant.
To be misrepresentation, a statement must be a verifiable fact, not an opinion.
The court found:
• The agent did not know about the hidden defects
• He had no duty to conduct technical or engineering investigations
• No misrepresentation existed
⚖️ 3. The voetstoots clause protected the seller
A voetstoots clause means the property is sold as is.
To defeat it, a buyer must prove:
1. The seller knew about the defect, and
2. The seller hid it on purpose to mislead the buyer
The buyers could not prove either. In fact, they described the seller as honest and unaware of any problems.
❌4. Their damages claim was also incorrect
Even if they had won, they claimed the wrong type of damages.
The law allows a buyer to claim a reduction in the purchase price (actio quanti minoris), not full replacement costs. Repair costs can help estimate the loss — but they are not the loss itself.
🧾 5. The real lesson for property buyers
• Puffery is not a promise
• Voetstoots is difficult to overcome
• Buyers must investigate properly before signing👁️
• Litigation is slow, expensive, and uncertain
12 years. 9 court days. Significant legal fees 💰Every claim dismissed.

30/05/2026

Unfortunately, this happens with alarming regularity, thereby damaging the reputation of our profession. In South Africa, the Seller has the right to appoint the Conveyancing attorney as they stand to lose the most. However, in practice, purchasers or property practitioners often persuade the Seller to use 'their attorney'.

https://iol.co.za/news/crime-and-courts/2026-05-28-the-public-has-a-right-to-be-protected-lawyer-disbarred-for-dishonesty-and-client-betrayal/?fbclid=IwdGRjcASHRkVleHRuA2FlbQIxMQBzcnRjBmFwcF9pZAo2NjI4NTY4Mzc5AAEe1YETU_BXD8U8ibGlbUIQSbE544NtuY9c4hLUAP6d1x0eiVjHKOjrDARY9HY_aem_W4AMMjKcBPEzzXRrYT95vg

An attorney has been disbarred by the Western Cape High Court following multiple complaints of dishonesty and misappropriation of client funds, raising concerns that more victims may exist.

24/05/2026

https://www.facebook.com/share/1EeCNgrsck/?mibextid=wwXIfr

Legal experts warn property practitioners to be vigilant, as the Financial Intelligence Centre (FIC) cracks down on non-compliance.

23/05/2026

Are you aware that as legal practitioners, we collaborate rather than work in isolation? Although my expertise lies outside of litigation, my experience has taught me the value of cooperation over confrontation. While it's essential to adhere to client instructions, this doesn't necessitate animosity towards opposing counsel, who are equally obligated to act in their client's best interest. The most favorable outcome often involves compromise, where both parties derive some benefit and concede on certain points, resulting in a mutually beneficial resolution without lingering animosity, as the phrase goes, life is too short to harbor enmity.

21/05/2026

I can write a book about everything that happens in a law firm daily even a small law firm like this where I practice as sole practitioner focusing on Conveyancing and Winding up of deceased estate. Time however does not permit this as there are FIC compliance and reporting, PAIA reporting, reading, re-reading and amending Offers to Purchase that are drawn up incorrectly or one sided not protecting Seller and Buyer.

Enough said. Back to the office and one day I will get to do informative Youtube video’s. No one reads anymore and perhaps that is a BIG part of the problem.

06/01/2026

https://www.property24.com/articles/property-terms-explained-an-a-z-guide-for-buyers-sellers-and-renters/31697?fbclid=IwZnRzaAPJd_ZleHRuA2FlbQIxMQBzcnRjBmFwcF9pZAo2NjI4NTY4Mzc5AAEef7mPvgPxGdYPR_N-wNbjZtRn1HmEeZTcGvvosy87pKyZtSJ8_Jr_YCO8NSc_aem_VWaPP0hRE0UBircBuLtD9Q

When buying, renting, or selling, clients are often met with an assortment of new phrases related to the property industry. It is important for clients to familiarise themselves with these terms to avoid running into trouble later.

31/12/2025

Wishing all of our valued clients a Happy New Year!