Marise HEFER Attorneys

Marise HEFER Attorneys We specialize in Property Law as Conveyancers and Notaries, situated in the Southern Suburbs.

Conveyancing Attorney, Bond Originator, Notary, Ante Nuptial Contracts ,Sale Experience, Developments.

// Selling a property involves far more than simply handing over the keys.//A seller carries several important responsib...
03/06/2026

// Selling a property involves far more than simply handing over the keys.//

A seller carries several important responsibilities throughout the transfer process, including signing all legal documentation, providing the required compliance certificates, and ensuring that municipal accounts are settled before registration can proceed.

The property must also be maintained until transfer takes place, including the upkeep of gardens, pools, and buildings where applicable. In addition, sellers are generally responsible for estate agent commission as well as the costs related to compliance certificates and certain repairs.

Understanding these responsibilities from the outset creates a smoother transaction for all parties involved and reduces unnecessary delays later in the process. In property transactions, preparation is just as important as the sale itself.

Sounds overwhelming? Let us guide you.
✉️ [email protected] 📞 021 300 5392

// If VAT does not apply, transfer duty steps in //Transfer duty is an important factor in a property transaction and c...
29/05/2026

// If VAT does not apply, transfer duty steps in //

Transfer duty is an important factor in a property transaction and can significantly affect the overall cost of a deal. It is not payable when a transaction is subject to value-added tax. However, where the seller is not registered for value-added tax, the buyer is liable for transfer duty.

Even in cases where the purchaser is registered for value-added tax, transfer duty will still apply if the seller is not registered. Certain corporate restructurings may also qualify for exemption depending on the structure of the transaction.

Understanding when transfer duty applies is essential when assessing the true financial implications of a property transfer.

// Relationships matter //Marise and Charmaine recently received these beautiful flowers from a client as a token of app...
25/05/2026

// Relationships matter //

Marise and Charmaine recently received these beautiful flowers from a client as a token of appreciation for the dedication, care, and hard work the team invested throughout the process.

Gestures like this are noticed and serve as a meaningful reminder that behind every matter is a relationship built on trust, communication, and commitment.

At Marise Hefer Attorneys, we are incredibly grateful for the clients who place their confidence in us every day.
We truly have the best clients.

// What is value-added tax in property transactions, and why does it matter to buyers and sellers?//Value-added tax appl...
18/05/2026

// What is value-added tax in property transactions, and why does it matter to buyers and sellers?//

Value-added tax applies when the seller is registered for value-added tax, for example, a property developer. In these cases, the value-added tax is included in the purchase price, and transfer duty is not payable.

Where value-added tax does not apply, transfer duty becomes payable to the South African Revenue Service. This is calculated on a sliding scale based on the value of the property and must be paid before the transfer can be registered.

In property transactions, there are three types of supplies. Standard-rated supplies, zero-rated supplies and exempt supplies. Exempt supplies are not subject to value-added tax.

Understanding these distinctions is essential when structuring a property transaction and considering the true cost implications.

//The psychology behind property transactions is often underestimated.//Most property deals do not collapse because of l...
14/05/2026

//The psychology behind property transactions is often underestimated.//

Most property deals do not collapse because of legal error. They collapse because of emotion.
Fear after signing. Seller’s remorse. Unrealistic expectations. Pressure during negotiations.

We understand that the role of a conveyancer extends beyond legal process. It is about creating stability, managing expectations and guiding all parties through one of the most significant decisions they will make.

Because successful property transactions require more than legal accuracy. It requires confidence, clarity and trust throughout the process.

// Strong legal partnerships build stronger property pipelines.//Estate agents who consistently perform at a high level ...
12/05/2026

// Strong legal partnerships build stronger property pipelines.//

Estate agents who consistently perform at a high level understand that successful property transactions rely on more than sales alone.

Strong legal alignment has become a competitive advantage.

At Marise Hefer Attorneys, we work alongside estate agents to ensure transactions move efficiently, communication remains clear, and clients experience a process built on professionalism and trust.

The smoother the legal process, the stronger the referral pipeline. Because in property, long-term success is built through reliable partnerships and consistent client experience.

✉️ [email protected] 📞 021 300 5392

// The Ethics of Property Disclosure //Property law is not only about compliance, it is about disclosure integrity. A cl...
06/05/2026

// The Ethics of Property Disclosure //

Property law is not only about compliance, it is about disclosure integrity. A clear understanding of defects lies at the heart of every property transaction. Patent defects are visible upon reasonable inspection, while latent defects remain hidden and are not immediately apparent. The distinction is not merely technical; it carries significant legal consequences.

Sellers may be held liable for undisclosed latent defects, particularly where there has been knowledge of the defect and a failure to disclose it. Beyond legal liability, there is an underlying duty to act in good faith, ensuring that all material information is communicated transparently.

While the law sets the minimum standard, ethical disclosure extends further. It reflects a commitment to fairness, accountability, and the long-term integrity of the transaction.

At Marise Hefer Attorneys, property transactions are approached with both legal precision and principled consideration - because disclosure is not only a requirement, it is a responsibility.

//The Myth of “Standard Contracts”//There is no such thing as a “standard” Offer to Purchase.Templates may create a sens...
04/05/2026

//The Myth of “Standard Contracts”//

There is no such thing as a “standard” Offer to Purchase.

Templates may create a sense of convenience, but they often reduce the level of critical consideration required in legally binding agreements. It is within careful analysis, precise drafting, and a clear understanding of the specific transaction that true protection is established.

Every property transaction carries its own set of risks, obligations, and nuances. A document that is not tailored to these realities may expose parties to unintended consequences, ambiguous terms, or avoidable disputes.

At Marise Hefer Attorneys, each agreement is approached with the attention and rigour it demands - because informed drafting is not a formality, it is a safeguard.

✉️ [email protected] 📞 021 300 5392

// Understanding the Voetstoots Clause //In terms of the Legal Practice Act 28 of 2014, a defect report must be attached...
29/04/2026

// Understanding the Voetstoots Clause //

In terms of the Legal Practice Act 28 of 2014, a defect report must be attached to the agreement of sale. The voetstoots clause protects the Seller against defects he did not know about/could not reasonably have known about. Importantly, the burden of proof rests on the purchaser to prove that the seller knew about the defects and intentionally failed to disclose them.

It is therefore essential for purchasers to conduct a thorough inspection of the property prior to concluding the transaction.

// Understanding suspensive conditions in Property Transactions //Suspensive conditions are provisions within a sale agr...
28/04/2026

// Understanding suspensive conditions in Property Transactions //

Suspensive conditions are provisions within a sale agreement that must be fulfilled before the agreement becomes legally binding.
Common examples include:

• The purchaser obtaining bond approval
• The purchaser selling an existing property

These conditions are time-bound. If they are not fulfilled by the specified deadline, the agreement may lapse automatically, unless an extension has been agreed to in writing by all parties involved.

Clarity around these provisions is essential to ensure certainty and to protect the interests of both purchaser and seller throughout the transaction process.

Address

Room 204 2nd Floor, Library Square Building, 1 Wilderness Road
Cape Town
7708

Opening Hours

Monday 08:30 - 16:30
Tuesday 08:30 - 16:30
Wednesday 08:30 - 16:30
Thursday 08:30 - 16:30
Friday 08:30 - 16:30

Telephone

+27213005392

Website

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