FAQ
When should I cancel my bond?
When should I cancel my house insurance?
Do I have to keep my pool and garden clean before the new owner moves in?
Do I have to have updated plans?
If I put up a garden shed, what do I need to do?
Should I empty my septic tank before the sale goes through?
If my house is sold, when do I have to move out?
What keys should I hand over to the new owners?
Can I sell my furniture, curtains and kitchen appliances to the new owner?
What can I remove from the house prior to the sale?
I am getting married, what legal documents do i need?
What should i do if i am selling my house and i cannot find the original title deed?
What is an emoluments attachment order?
What do i do if a sheriff who is the messenger of the Court, arrives at my business or home with a summons?
My husband died can I transfer the house to my children?
My father died and didn’t have a Will?
When should I cancel my bond?
Most banks require 3 months notice so as soon as you put your home up for sale, notify the bank. It does not mean that your bond will be cancelled, merely letting them know. You will save the early bond cancellation fee.
When should I cancel my house insurance?
You should ONLY cancel your home insurance once the property has been transferred. Rather keep the cover in place until the last minute.
Do I have to keep my pool and garden clean before the new owner moves in?
Yes it is important that your home is kept in the same condition as when the buyer viewed it, swimming pool clean, grass cut, all lights and plugs working as well gates and garages. Spare keys and remotes are important to hand over to the new owners.
Do I have to have updated plans?
If you have done any improvements to the house such as an additional room or changed windows and doors, it is important to have updated plans registered with the town planning office. Should the purchaser want to do any alterations and approved plans are not in place, you could be held liable for the costs in having new plans drawn up.
If I put up a garden shed, what do I need to do?
This can be a grey area and if possible have it put on the plans. Carports or additional awnings will also need to be put onto the plans. If you have a carport or awning installed, ask for an engineers certificate, this will make your life easier when doing the plans.
Should I empty my septic tank before the sale goes through?
Your septic tank should be emptied every 3 years, obviously if it is giving problems have it done sooner than rather.
If my house is sold, when do I have to move out?
On transfer you will be required to vacate your premises. Your conveyancer will keep you informed of the progress of your sale so you can prepare. In some instances you can allow early occupation but make sure that this is arranged via your conveyancer in advance so that the necessary documentation can be drawn up. Take your electricity and water reading prior to allowing early occupation.
What keys should I hand over to the new owners?
All house keys as well as remotes should be handed over to the new owner. If you have electronic gates ensure that the keys for the gates are included.
Can I sell my furniture, curtains and kitchen appliances to the new owner?
Yes you can negotiate the sale of any furniture or curtains directly with the new buyers.
What can I remove from the house prior to the sale?
Fixtures and fittings are detailed on the sale agreement. The normal rule of thumb is “if you turned your house upside down, whatever fell out of the house is not termed a fixture or fitting”.
I am getting married, what legal documents do i need?
There are three different marriage contracts you can enter into:
Community of Property,
Ante-Nuptial Contract – Out of Community of Property – with Accrual,
Ante-Nuptial Contract – Out of Community of Property – without Accrual,
If you marry IN COMMUNITY OF PROPERTY, you and your partner, legally speaking, cease to exist as individuals and for all commercial purposes, are viewed as one. What you both bring into the marriage and all that you acquire during your marriage forms part of a joint estate to which you both have equal, undivided shares.
If the marriage dissolves, the joint estate is divided and shared equally between the two of you. This form of marriage has the advantage that you do not need a notarised and registered contract, saving yourselves legal costs.
However, there are also disadvantages since you relinquish your individual commercial identity.
This means:
you may not contract individually,
you may not purchase property individually
the debts of one become the debts of both, therefore if one is sued, both obtain judgements against their names. If one is sequestrated, both are. If one is placed under debt review or administration, then both are.
If one is considered a credit risk, neither will be able to receive credit.
If you and your partner marry out of community of property, you enter into an ANTE-NUPTIAL CONTRACT, which includes two basic forms of contract: with accrual, or without accrual. In both instances, the one partner is protected in law from the debts of the other and may freely contract without the consent of the other. If one enters into a fiscally risky situation, the risk to your personal assets can be minimised by transferring them into the name of the other.
If you choose this option without the application of accrual, the result will be that everything that belongs to you individually before the marriage and everything you acquire during the marriage will remain the sole property of the individual spouse. This applies to both assets and liabilities.
If you choose this option with the application of accrual, the assets and liabilities that you each bring into the marriage remain yours alone, whereas the assets and liabilities that you acquire during your marriage form part of your joint estate for the purposes of distribution should your marriage dissolve. During your marriage you may still contract individually without the consent of your spouse and the assets acquired by one are protected in law from the liabilities of the other.
This form of contract requires that you declare the value of your respective estates at the beginning of your marriage.
What should i do if i am selling my house and i cannot find the original title deed?
DMF’s Conveyancing Department Can Help. New Deeds Office Process to Prevent Fraud. In South Africa – the process of replacing a lost title deed is governed by regulation 68 of the Deeds Registries Act 47 of 1937, which provides for the re-issue of a certified copy of the title deed in situations where the original deed is either lost or destroyed.
In a bid to combat fraud the registered owner of the property is required to advertise the application for the lost title in the local newspaper.
A copy of the advert and the application for lost title deed then lays for inspection at the Deeds Office for a period of two weeks before the application can be lodged in the Deeds Office. The registered owner is required to pay the costs of advertising as well as the costs of applying for the lost copy of the Deed.
As conveyancers, DMF can help you obtaining a copy of a lost title deed while following the correct, lawful procedure.
What is an emoluments attachment order?
An emoluments attachment order, also known as a garnishee order by many, is a court order whereby the judgment creditor is able to attach part of the salary or wages of the judgment debtor.
Once an emoluments attachment order has been granted by the Magistrate at court, the employer of the judgment debtor is obliged to pay a certain portion of the judgment debtor’s salary or wages to the judgment creditor or its attorney of record.
What do i do if a sheriff who is the messenger of the Court, arrives at my business or home with a summons?
It is always scary when something like that happens. So what do you do?
First we will explain what is a summons and then what to do if you receive one.
What Is a Summons?
A summons is the beginning of a legal case. It is a court document that sets out a Plaintiff’s case against you. The plaintiff is the person or company that is laying the complaint. The defendant is the person or company receiving the complaint and who needs to respond and defend the case.
The summons is delivered by the local sheriff who is the messenger of the court.
What details are included in a Summons?
A summons includes the following information:
- The name of the type of court issuing the summons. It is important to note the court that has jurisdiction, which might be in another jurisdiction than your own.
- The number assigned to the case by the court, called the case number. It is an allocated reference number followed by the year the summons is issued in the court. This is also the number of the file kept in court for your particular matter.
- The names of the plaintiff and defendant.
- What the case is about, the reason for the summons.
- Information for the defendant on when the summons must be responded to.
- How the person who receives the summons must respond.
- The name, contact details of the attorney firm who is acting for the plaintiff, as well as their file reference details.
If You Receive a Summons, what do you do?
A summons is an official court document therefore you must respond to a summons before the deadline. You have 10 (ten) working days to respond to a summons, unless otherwise stipulated in the summons you have received.
If you don’t reply before the deadline, the plaintiff may be granted default judgment against you. Meaning that you have given up your right to argue the issue.
The most common reason to receive a summons is that someone is filing a complaint against you or your company for a legal action or monies owed.
The person receiving the summons must sign acceptance of the summons with the sheriff, to show that the summons has been received. However when a summons is served on a defendant’s registered address, affixing to a door or gate at the registered premises is acceptable by the court.
Do I Need an Attorney to Help With a Summons?
It is always advisable to contact your attorney for assistance with any legal process that has been served on you.
Our team is here to assist you.
My husband died can I transfer the house to my children?
The answer depends on what your husband’s estate consists of. The law allows for children who inherit from a parent to renounce their inheritances in favour of the surviving spouse – this can be done free of tax consequences. If however, the surviving spouse wishes to renounce in favour of a child, donations tax would come into play. If there are other assets to which children are entitled in terms of the will, though, a redistribution agreement could be concluded to provide for an exchange of assets between surviving spouse and children. As long as the values of the portions inherited by each beneficiary are the same as what the will provided for, donations tax would not apply.
My father died and didn’t have a Will?
His estate would be dealt with in terms of the Intestate Succession Act 81 of 1987. The Act provides for an estate to be shared between surviving spouse and children. The spouse would get a child’s portion, or R250k, whichever is the greater. A child’s portion is calculated by dividing the estate’s net value by the number of children + spouse. If your father’s wife predeceased him, his children would inherit his estate in equal portions.