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How to stay legally compliant when purchasing property

"Buyers are entering the property market at a rapid pace, which is excellent to see. However, while a busy market is exciting, it's crucial for buyers to safeguard their investment and avoid potential legal and financial pitfalls," says Gerhard Kotzé, CEO of the RealNet property group.

"Understanding and adhering to the correct legal processes is essential for protecting your rights as a buyer and ensuring a smooth transition into property ownership-far more than just a formality.

"South African property transactions involve various legalities, and overlooking even a single step can have serious financial and legal consequences. This is why buyers should approach the process with due diligence and seek professional guidance when needed.

"As a buyer, one of the first steps you should take is to confirm the legal ownership of the property. You'll need to ensure that the seller has the right to sell the property, which can be verified through a title deed search. This search will confirm ownership details and reveal any existing bonds or restrictions on the property-an especially important step in areas where land disputes may arise.

"The next step is to review the sale agreement. This legally binding document requires careful scrutiny, as every clause matters. If you're uncertain about any terms, consult a legal professional for clarification. Ensure that the agreement includes all negotiated terms, such as fixtures, deadlines, and contingencies.

"A thorough property inspection is also vital to uncover any hidden issues that could affect the sale or future ownership. If defects are found, negotiate repairs or price adjustments before finalizing the agreement. Once the sale is signed off, your options for recourse may be limited.

"The best way to ensure that all legal and compliance requirements are met before signing on the dotted line is to work with reputable professionals, including Property Practitioners and conveyancers. A qualified conveyancer will handle the legal transfer of the property into your name and ensure that all legalities are properly addressed.

"The same applies to a qualified Property Practitioner, who will guide you through the paperwork, connect you with the right professionals, and support you throughout the entire process."


05 Feb 2025
Author RealNet
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