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Monday 08:00 - 16:00 Tuesday 08:00 - 16:00 Wednesday 08:00 - 16:00 Thursday 08:00 - 16:00 Friday 08:00 - 12:00

http://www.fabuloushomes.co.za/

Fabulous Homes, Roodepoort (2026)

13/06/2026

🏡 Saturday Property Law Tip: Be Careful With Property Sold “Subject to Existing Rights”

Some property agreements include wording that says the property is sold subject to existing rights, conditions, servitudes, leases, or title deed restrictions.

That may sound like standard legal wording.

But buyers should not ignore it.

“Subject to existing rights” can mean that other people, organisations, or authorities may already have certain legal rights affecting the property.

These rights may not always be obvious when you walk through the house.

They may appear in:

✅ The title deed
✅ Municipal records
✅ Servitude diagrams
✅ Lease agreements
✅ Body corporate records
✅ HOA rules
✅ Estate rules
✅ Zoning records
✅ Approved building plans
✅ Historical conditions of title

For example, the property may be affected by:

❌ A right of way over part of the land
❌ A municipal servitude for pipes, drains, cables, or access
❌ A restriction on building over a certain area
❌ An existing lease with a tenant
❌ A neighbour’s access right
❌ A shared driveway arrangement
❌ A height restriction
❌ A building line restriction
❌ Restrictions on business use
❌ Estate or HOA architectural controls
❌ Sectional title exclusive use arrangements
❌ Conditions limiting subdivision or development

📌 Buyers, remember this:

Do not assume that because you can physically see or access the whole property, you can use every part of it however you want.

A servitude or title deed condition can affect where you may build, extend, fence, pave, park, or install structures.

This is especially important if you plan to:

🏠 Build a cottage
🏗️ Subdivide the property
💼 Run a business from home
🚗 Build over a driveway or side space
🏊 Install a pool
🏡 Extend the house
🚪 Build a boundary wall
🏘️ Add a second dwelling
🛣️ Change access to the property
🌳 Develop vacant land

Before signing, ask:

🔍 Are there any registered servitudes?
🔍 Are there any tenants or leases?
🔍 Are there title deed restrictions?
🔍 Are there HOA or estate rules?
🔍 Are there body corporate restrictions?
🔍 Are there municipal conditions?
🔍 Are there building line restrictions?
🔍 Does anyone else have access rights?
🔍 Is any part of the property shared, common, or exclusive use only?

📌 Sellers, remember this:

If you know about any existing rights or restrictions, disclose them clearly.

Do not assume the buyer will find them later.

A buyer may be willing to accept a restriction if it is disclosed upfront, but may be upset if they discover it only after signing or after transfer.

📌 Agents, remember this:

Standard clauses still have practical consequences.

When an agreement says the property is sold subject to existing rights or conditions, make sure the buyer understands that this may include real legal limitations.

If the buyer has a specific plan for the property, encourage them to verify whether that plan is legally possible before signing.

🔑 The key lesson:

A property is not only controlled by what you see at the viewing.

It may also be controlled by rights, restrictions, servitudes, leases, and rules that already exist.

✔️ Buyers: Check the documents before you commit.
✔️ Sellers: Disclose known restrictions honestly.
✔️ Agents: Do not treat “subject to existing rights” as meaningless fine print.

📌 Saturday Reminder:

Fine print can affect real property rights. Read it before you sign.

Thinking of buying or selling property?

📞 Renier Pieterse – 082 339 4951
📞 Chris (CJ) Pieterse – 083 293 1702

🏡 Fabulous Homes – Where Your Story Begins...

11/06/2026

🏡 Thursday Property Law Tip: Do Not Ignore the Property Condition Report

When selling or buying property in South Africa, the property condition report should not be treated as a small formality.

It is an important document that helps record what the seller knows about the condition of the property.

A property condition report can deal with issues such as:

✅ roof leaks
✅ damp or mould
✅ cracks
✅ plumbing problems
✅ electrical issues
✅ boundary wall defects
✅ structural concerns
✅ pool problems
✅ geyser issues
✅ pest damage
✅ drainage problems
✅ unapproved alterations
✅ disputes affecting the property
✅ defects the seller is aware of

The purpose is simple:

To give the buyer more information before committing to the purchase.

Buyers, remember this:

Do not sign an Offer to Purchase blindly.

Ask for the property condition report before you make your final decision.

Read it carefully.

If anything is marked as defective, incomplete, unknown, or not applicable, ask questions.

For example:

🔍 When did the problem start?
🔍 Was it repaired?
🔍 Who repaired it?
🔍 Is there proof of repair?
🔍 Is there a guarantee?
🔍 Has the issue returned?
🔍 Will the seller repair it before transfer?
🔍 Must the issue be written into the Offer to Purchase?

A property condition report is helpful, but it is not the same as a professional inspection.

If you are unsure, arrange a home inspection before signing or make the offer subject to a satisfactory inspection report.

Sellers, remember this:

Be honest and specific.

If you know about a defect, disclose it.

Do not hide problems because you are afraid the buyer will walk away.

A disclosed defect can be negotiated.

A hidden defect can become a dispute.

If something was repaired, say so clearly.

For example:

“The roof leaked above the lounge in 2024. Repairs were done and no further leaking has been noticed since.”

Or:

“There was damp in the main bedroom. It was treated, but the seller cannot guarantee that it will not return.”

That kind of wording is much safer than pretending the issue never existed.

Agents, remember this:

The property condition report is not just paperwork.

It is a risk-management tool.

Make sure it is completed properly, signed, and given to the buyer before the buyer signs the Offer to Purchase.

Do not fill it in casually.

Do not ignore blank sections.

Do not allow vague answers to create confusion later.

Also remember that the condition report should not replace clear clauses in the Offer to Purchase.

If the seller agrees to repair something, the repair obligation should be written clearly into the agreement.

A good repair clause should say:

✅ what must be repaired
✅ who must repair it
✅ by when it must be repaired
✅ who pays for it
✅ what proof must be provided
✅ what happens if it is not repaired

The key lesson:

A property condition report helps everyone deal with defects honestly and early.

For buyers: read it before you commit.
For sellers: disclose known defects clearly.
For agents: treat the form as protection, not admin.

📌 Thursday reminder: Defects are easier to deal with before signature than after transfer.

This post is for general information only and is not legal advice. Always consult a qualified conveyancer or property attorney before signing an Offer to Purchase.

09/06/2026

🏡 Tuesday Minute: Lost Your Original Title Deed?

Can’t find your original title deed? All is not lost.

If your title deed has been lost, destroyed, or damaged, an application can be made to the Deeds Office for a duplicate original.

If you have sold your property, this application may be lodged together with the transfer process, helping to avoid unnecessary delays.

📌 Selling your property and unsure where your title deed is?

Speak to us early so the correct steps can be taken.

🎁 Thinking of selling? Get your free property valuation today – no obligation.

📲 Renier – 082 339 4951
📲 CJ – 083 293 1702

08/06/2026

🏡 FEATHERBROOKE ESTATE | R4 995 000

Luxury. Space. Lifestyle.

Step into a home that truly has it all.

This exceptional family residence offers the perfect balance between elegant everyday living and effortless entertaining, set within the prestigious Featherbrooke Estate.

✨ 4 Spacious En-Suite Bedrooms
✨ Newly Renovated Designer Kitchen
✨ Double-Volume Family Lounge
✨ Dedicated Entertainment & Braai Room
✨ Executive Home Office / Large Study
✨ Heated Swimming Pool
✨ Solar System with 12kVA Inverter
✨ Staff Accommodation
✨ Automated Double Garage
✨ Beautiful Family-Friendly Garden

From the moment you enter, you'll be captivated by the expansive living spaces, luxury finishes, and seamless indoor-outdoor flow designed for modern family living.

Whether you're hosting guests on the covered veranda, enjoying family time around the pool, or working from the comfort of your private home office, this property offers a lifestyle few homes can match.

📍 Featherbrooke Estate
💰 R4 995 000

📞 CJ Pieterse
083 293 1702
https://wa.me/27832931702

📞 Renier Pieterse
082 339 4951
https://wa.me/27823394951

Private viewings strictly by appointment.

Fabulous Homes
Where your story begins...

08/06/2026

🏡 Monday Property Law Tip: Check Whether the Property Is VAT or Transfer Duty

When buying property in South Africa, one important cost question should be asked early:

💰 Is this transaction subject to transfer duty or VAT?

Many buyers assume every property sale works the same way.

But it does not.

Some transactions attract transfer duty.

Some transactions attract VAT.

And the difference can affect your budget, the wording of the Offer to Purchase, and the overall transaction.

📌 Transfer duty is usually payable by the buyer when purchasing property from a private seller and the transaction is not subject to VAT.

📌 VAT may apply where the seller is a VAT vendor and the property is sold as part of the seller's taxable enterprise.

This is common in certain transactions involving:

✅ Developers
✅ New developments
✅ Commercial properties
✅ Property investors
✅ VAT-registered sellers
✅ Businesses selling property used in their enterprise
✅ Certain farms or income-producing properties

📌 Buyers, remember this:

Do not assume that "No Transfer Duty" means "No Costs."

Even where VAT applies, there may still be:

💰 Conveyancing fees
💰 Bond registration costs
💰 Deeds Office fees
💰 Occupational rent
💰 Municipal deposits
💰 Levy clearance amounts (where applicable)
💰 Moving costs
💰 Other transaction-related expenses

Also check whether the advertised purchase price includes VAT.

⚠️ This is extremely important.

If the wording is unclear, a buyer may think they are paying one amount while the seller expects VAT to be added on top.

The Offer to Purchase should clearly state whether the purchase price is:

✅ Inclusive of VAT

or

✅ Exclusive of VAT, with VAT added where applicable

Never leave this open to interpretation.

📌 Sellers, remember this:

If you are VAT registered, do not assume every property sale is straightforward.

Before accepting an offer, confirm:

🔍 Whether VAT applies
🔍 Whether the property forms part of your taxable enterprise
🔍 Whether the transaction may qualify for zero-rating
🔍 Whether the buyer is VAT registered
🔍 Whether the agreement contains the correct VAT wording
🔍 Whether the advertised price is VAT inclusive or exclusive

This becomes particularly important with:

🏢 Commercial properties
🌾 Farms
🏨 Lodges and guesthouses
🏘️ Rental portfolios
🏗️ Development properties
🤝 Going-concern sales

📌 Agents, remember this:

VAT and transfer duty are not small details.

They affect:

📈 Affordability
💰 Negotiations
📋 Contract wording
🏠 Buyer expectations

Before marketing or drafting an offer, ask:

✅ Is the seller VAT registered?
✅ Is the property sold as part of a taxable enterprise?
✅ Is the advertised price VAT inclusive?
✅ Has the seller obtained tax advice?
✅ Has the buyer been informed of the costs?
✅ Does the Offer to Purchase clearly deal with VAT or transfer duty?

⚠️ Be careful with wording such as:

❌ "No transfer duty" without explaining VAT implications
❌ "VAT transaction" without stating whether VAT is included
❌ "Price plus VAT" where the buyer has not budgeted for it
❌ "Zero-rated" without proper professional confirmation

🔑 The key lesson:

Before signing, know whether the transaction is subject to transfer duty or VAT.

✔️ Buyers: understand the full cost, not just the purchase price
✔️ Sellers: obtain tax advice before marketing or accepting an offer
✔️ Agents: make the VAT wording clear from the beginning

📌 Monday reminder:

In property, tax wording can change the real cost of the deal.

🎁 Thinking of buying or selling? Get your free property valuation today – no obligation.

📲 Renier – 082 339 4951
📲 CJ – 083 293 1702

07/06/2026

🏡 Sunday Property Law Tip: Make Sure the Property Description Is Correct

In a property sale, people often describe the property in simple words:

“The house in Sonheuwel.”
“The unit in the complex.”
“The stand next to the school.”
“The plot with the cottage.”
“The property with the double garage.”

That may be fine for conversation, but it is not enough for a legal sale agreement.

In a South African Offer to Purchase, the property must be correctly identified.

The agreement should clearly describe the actual property being sold, usually by using the legal property description.

This may include details such as:

✅ Erf number
✅ Portion number
✅ Township or registration division
✅ Sectional title unit number
✅ Exclusive use areas, where applicable
✅ Garage, storeroom, or parking bay details
✅ Physical address
✅ Title deed information, where available

💡 This matters because the legal description and the physical address are not always the same thing.

A buyer may think they are buying one thing, while the documents refer to something else.

That can become a serious problem.

For example:

❌ The wrong unit number is written in the offer
❌ The parking bay is not included
❌ The storeroom is actually a separate section
❌ The garage is not part of the unit
❌ The advertised erf size is incorrect
❌ The property consists of more than one erf
❌ The cottage is on a separate portion
❌ An exclusive use area is not properly recorded
❌ The street address does not match the title deed description

📌 Buyers, remember this:

Do not rely only on the advert or the street address.

Before signing, ask:

🔍 What is the legal description of the property?
🔍 Does the erf or unit number match the title deed?
🔍 Are parking bays included?
🔍 Are garages included?
🔍 Are storerooms included?
🔍 Are exclusive use areas recorded?
🔍 Is the advertised size correct?
🔍 Are there multiple erven or portions?
🔍 Does the Offer to Purchase match what you viewed?

This is especially important in sectional title schemes.

In a complex, a buyer may assume that a garage, parking bay, garden, patio, or storeroom automatically comes with the unit.

But it may be:

✅ Part of the section
✅ An exclusive use area
✅ Common property
✅ Allocated by the body corporate
✅ Rented separately
✅ Not legally linked to the unit at all

That must be checked before signing.

📌 Sellers, remember this:

Make sure you are selling exactly what you are entitled to sell.

If you advertise a parking bay, garage, storeroom, garden area, or extra erf, make sure the documents support that.

Do not promise more than what appears on the title deed, sectional title documents, body corporate records, or other legal documents.

📌 Agents, remember this:

The property description is not just a formality.

A mistake in the property description can cause confusion, delays, amendments, or disputes.

Before the Offer to Purchase is signed, check:

✅ The title deed
✅ Deeds Office information
✅ Sectional title scheme documents
✅ Body corporate information
✅ Exclusive use area details
✅ Municipal information, where relevant
✅ Mandate details
✅ Advert details

🔑 The key lesson:

In property, the address tells you where the property is.

The legal description tells you what is actually being sold.

✔️ Buyers: check that the documents match what you viewed
✔️ Sellers: do not advertise or promise extras unless they legally form part of the sale
✔️ Agents: confirm the property description before the offer is signed

📌 Sunday reminder:
A property sale must identify the right property, not just the right street address.

🎁 Thinking of buying or selling? Get your free property valuation today – no obligation.

📲 Renier – 082 339 4951
📲 CJ – 083 293 1702

06/06/2026

🏡 Saturday Property Law Tip: Do Not Forget About Transfer Costs

When buyers budget for a property, they often focus on one big number:

The purchase price.

But the purchase price is not the only amount a buyer needs to plan for.

In a South African property transaction, buyers must also budget for transfer-related costs.

These costs can come as a shock if they were not discussed early.

Transfer costs may include:

✅ Transfer duty, where applicable
✅ Conveyancing attorney fees
✅ Deeds Office fees
✅ Postages and petties
✅ F**A and admin fees
✅ Bond registration attorney fees, if the buyer is using a bond
✅ Bank initiation or valuation fees
✅ Municipal deposits or service connection fees
✅ Levy clearance contributions, where applicable
✅ Occupational rent, if occupation happens before transfer
✅ Moving costs
✅ Insurance and monthly ownership costs after registration

📌 Buyers, remember this:

Your bond approval does not always cover all the cash you need.

A bank may approve a bond for the purchase price, but transfer costs and bond registration costs are usually separate cash expenses.

That means you may still need money available before registration.

Before signing an Offer to Purchase, ask:

🔍 What will the estimated transfer costs be?
🔍 Is transfer duty payable?
🔍 What are the bond registration costs?
🔍 How much cash must I have ready?
🔍 When must these costs be paid?
🔍 Is there occupational rent?
🔍 Are there levies or municipal deposits?
🔍 Have I budgeted for moving and initial repairs?
🔍 What monthly costs will start after registration?

A property can be affordable on paper but unaffordable in practice if the upfront costs are ignored.

📌 Sellers, remember this:

Buyers who have not budgeted properly may delay the transfer.

If the buyer cannot pay transfer costs on time, the conveyancer may not be able to proceed with transfer documents, lodgement, or registration.

This can affect your timeline, especially if you are relying on the sale proceeds to buy another property.

📌 Agents, remember this:

Discuss costs early.

Do not let a buyer sign an offer without understanding that the deposit, transfer costs, bond costs, occupational rent, and monthly repayments are different things.

A clear buyer qualification process should consider:

✅ Purchase price affordability
✅ Deposit availability
✅ Transfer cost availability
✅ Bond cost availability
✅ Monthly repayment affordability
✅ Rates, levies, insurance, and utilities
✅ Timing of required payments

Also be careful when saying “no transfer duty.”

There may be no transfer duty in certain transactions, for example below the applicable transfer duty threshold or where VAT applies, but that does not mean there are no transfer costs.

Attorney fees and other costs may still apply.

🔑 The key lesson:

Buying property is not only about qualifying for the bond.

It is also about having the cash available to complete the transfer.

✔️ Buyers: budget beyond the purchase price
✔️ Sellers: understand that unpaid buyer costs can delay transfer
✔️ Agents: explain the full cost picture early

📌 Saturday reminder:
A bond approval is exciting, but a transfer needs cash flow too.

🎁 Thinking of buying or selling? Get your free property valuation today – no obligation.

📲 Renier – 082 339 4951
📲 CJ – 083 293 1702

05/06/2026

🏡 Friday Property Law Tip: Be Careful With “As Soon As Possible” Deadlines

In property transactions, timing matters. ⏳

A sale can involve many important deadlines, such as:

✅ Bond approval dates
✅ Deposit payment dates
✅ Guarantee delivery dates
✅ Occupation dates
✅ Compliance certificate dates
✅ Transfer cost payment dates
✅ Document signing dates
✅ Suspensive condition dates
✅ Repair completion dates
✅ Plan approval dates

The problem starts when the Offer to Purchase uses vague wording.

For example:

❌ “The buyer must pay the deposit as soon as possible.”
❌ “The seller must repair the defect before transfer.”
❌ “The buyer must get bond approval soon.”
❌ “Occupation will be arranged later.”
❌ “Guarantees must be delivered when available.”
❌ “The seller will provide plans if needed.”
❌ “The parties will agree on a date.”

These phrases may sound harmless, but they can create confusion.

One person may think “soon” means tomorrow.
Another may think it means next week.
Another may think it means before registration.

That uncertainty can lead to arguments, delays, and breach disputes.

📌 Buyers, remember this:

If you must do something, make sure you know exactly by when it must be done.

Before signing, check:

🔍 When must the deposit be paid?
🔍 When must bond approval be obtained?
🔍 When must guarantees be delivered?
🔍 When must transfer costs be paid?
🔍 When must you sign transfer documents?
🔍 When do you get occupation?
🔍 When does occupational rent start?
🔍 When must suspensive conditions be fulfilled?

A missed deadline can have serious consequences.

Depending on the contract, the seller may be able to place you on breach, claim damages, cancel the agreement, or take other steps allowed by the Offer to Purchase.

📌 Sellers, remember this:

If the buyer’s deadlines are important to you, make them clear.

Do not rely on assumptions.

Rather than saying:

❌ “Deposit payable soon”

Say:

✍️ “The buyer must pay the deposit of R________ into the conveyancer’s trust account within 3 business days after acceptance of this offer.”

Rather than saying:

❌ “Seller to repair the leak”

Say:

✍️ “The seller must repair the leak above the main bedroom at the seller’s cost before registration and provide proof of repair to the conveyancer.”

Clear wording protects both sides.

📌 Agents, remember this:

Dates and deadlines must be practical and specific.

A good clause should answer:

✅ What must happen?
✅ Who must do it?
✅ By what exact date?
✅ Is it calendar days or business days?
✅ What proof is required?
✅ What happens if it is not done in time?
✅ Can the date be extended?
✅ Must the extension be in writing?

Be careful with automatic extensions and verbal extensions.

If a deadline is extended, record it clearly in writing and make sure the right parties sign where necessary.

Also remember that different deadlines can affect each other.

For example:

📌 If bond approval is delayed, guarantees may be delayed.
📌 If guarantees are delayed, transfer may be delayed.
📌 If transfer is delayed, occupation and occupational rent may become a problem.
📌 If compliance certificates are delayed, registration may be delayed.

🔑 The key lesson:

In property, vague deadlines create risk.

Clear dates create certainty.

✔️ Buyers: know your deadlines
✔️ Sellers: make important dates specific
✔️ Agents: avoid vague wording and diarise every key date

📌 Friday reminder:
“As soon as possible” is not a proper property deadline. Put the date in writing.

🎁 Thinking of buying or selling? Get your free property valuation today – no obligation.

📲 Renier – 082 339 4951
📲 CJ – 083 293 1702

04/06/2026

🏡 Thursday Property Law Tip: Check Who Is Living in the Property Before You Buy

When buying a property, most buyers focus on the seller, the price, the bond, and the transfer date.

But there is one very important question that should be asked early:

👥 Who is actually living in the property?

A property may be sold by the owner, but it may be occupied by:

✅ The seller
✅ The seller's family
✅ A tenant
✅ A caretaker
✅ An employee
✅ An elderly relative
✅ A former owner
✅ Someone paying rent informally
✅ Someone living there without a written lease
✅ Someone who refuses to move out

⚠️ This matters because buying the property does not automatically mean the property will be empty on the day you expect.

Vacant occupation should always be clearly dealt with in the Offer to Purchase.

📌 Buyers, remember this:

Before signing, ask:

🔍 Is the property occupied?
🔍 Who is living there?
🔍 Is there a written lease?
🔍 When does the lease end?
🔍 Has notice been given?
🔍 Is the tenant in arrears?
🔍 Are there any disputes?
🔍 Will vacant occupation be given?
🔍 What happens if the occupier does not leave?

This is especially important if you plan to move in immediately after transfer.

In many cases, if there is a valid lease agreement, the buyer may step into the seller's position as landlord after transfer.

📌 Sellers, remember this:

If the property is occupied, disclose it clearly.

Do not promise vacant occupation unless you are certain it can be delivered.

Buyers should know:

✅ Whether there is a lease
✅ The rental amount
✅ The lease expiry date
✅ Whether rent is up to date
✅ Whether notice has been given
✅ Whether the tenant intends moving out

📌 Agents, remember this:

Occupancy is not a small detail.

It affects:

🏠 Occupation dates
💰 Occupational rent
📋 Transfer planning
🏦 Financing arrangements
🤝 Buyer expectations

A good Offer to Purchase should clearly state whether the property is sold:

✅ With vacant occupation
✅ Subject to an existing lease
✅ With the seller remaining temporarily after transfer
✅ With a tenant remaining after transfer
✅ With occupation taking place on a future date

Avoid vague wording such as:

❌ "Occupation to be arranged"
❌ "Tenant will probably leave"
❌ "Seller to sort it out"
❌ "Vacant on registration if possible"

💡 The agreement should clearly explain what happens if vacant occupation is not given on the agreed date.

⚖️ Important reminder:

Eviction is a legal process.

No buyer or seller should attempt to remove an occupier unlawfully by:

❌ Changing locks
❌ Disconnecting water or electricity
❌ Removing belongings
❌ Threatening occupants
❌ Forcing them out

Doing so can create serious legal consequences.

🔑 The key lesson:

Before you buy the property, know who is inside it.

✔️ Buyers: Confirm vacant occupation in writing
✔️ Sellers: Disclose tenants and occupiers honestly
✔️ Agents: Address occupancy issues before the offer is signed

📌 Thursday reminder:

A property can be sold on paper, but if the occupation issue is not clear, the buyer may not get the keys when expected.

🎁 Thinking of buying or selling? Get your free property valuation today – no obligation.

📲 Renier – 082 339 4951
📲 CJ – 083 293 1702

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