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Minitzers Attorneys Minitzers Attorneys was founded in 1931 by Michael Minitzer and has grown into a multi-disciplinary practice that serves the needs of clients across SA.

Renegotiating After You’ve Signed: The Email That Ended a Property SaleHow can you ask for a change safely?  Make it cle...
12/10/2026

Renegotiating After You’ve Signed: The Email That Ended a Property Sale

How can you ask for a change safely? Make it clear that you are proposing an amendment rather than refusing to honour the existing agreement.

Asking, “Would the seller consider reducing the price?” opens a negotiation. Saying, “We will not proceed unless the price is reduced,” may allow the seller to cancel. No particular wording guarantees safety because the communication will be read as a whole and in the context of the parties’ conduct.

Deal with the price, finance, defects, and other material terms before signing wherever possible. If a problem arises after the agreement becomes binding, obtain legal advice before sending a message that could be understood as a refusal to perform.

Buying or selling property, or stuck in a transfer that has gone wrong? Speak to us before you put anything in writing.

Read more here: https://shorturl.at/Nw4kd

Can your complex cut off your biometric access over unpaid levies?Not while the amount is in dispute. In a recent High C...
05/10/2026

Can your complex cut off your biometric access over unpaid levies?

Not while the amount is in dispute. In a recent High Court matter involving a Midrand estate, the court found that a body corporate or HOA can't disable an owner's biometric access to force payment of levies that are being challenged. Access to your property counts as possession, so removing it is unlawful "self-help". Telling the owner to use the visitors' lane instead doesn't change that.

Disputed amounts must go through the courts. Owners whose access is cut off can apply for a spoliation order (mandament van spolie) to have it restored quickly, without first settling the underlying dispute.

Read the full article on our website.
https://shorturl.at/gdE0s

Can Your Neighbour’s CCTV Camera Point into Your Property?The neighbours, in the affluent suburb of Bakoven, had been lo...
10/09/2026

Can Your Neighbour’s CCTV Camera Point into Your Property?

The neighbours, in the affluent suburb of Bakoven, had been locked in an acrimonious dispute for almost two decades when CCTV cameras became the latest point of contention.

The cameras installed at one property had a clear line of sight into parts of the neighbouring property, including a courtyard, part of a swimming pool and entertainment area and, according to the neighbour, the interior of a bedroom. The cameras also had 24-hour surveillance and recording capability. Could the intrusion have been avoided? Read the full article here: https://shorturl.at/nJ8C2

Installing CCTV, or concerned that a neighbour’s cameras are monitoring your property? Speak to us.

Better Late Than Never: Marriage Law Drags Itself into the 21st Century“It is revolting to have no better reason for a r...
02/09/2026

Better Late Than Never: Marriage Law Drags Itself into the 21st Century

“It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.” (Oliver Wendell Holmes Jr)

A couple may marry in one country, live in several others, hold different nationalities and eventually settle in South Africa. If the marriage ends, which country’s law governs their financial and property rights?

Under South Africa’s old rules, the answer depended on the husband’s domicile at the time of the marriage. Read more here: https://shorturl.at/LB9EE

Cancelled Sale, Damaged Property. Who Pays?“You do not mend a broken vase by handing over a new one.” (Anonymous)When a ...
24/08/2026

Cancelled Sale, Damaged Property. Who Pays?

“You do not mend a broken vase by handing over a new one.” (Anonymous)

When a property sale is cancelled, most people picture a straightforward reset. The seller keeps the property, the purchaser gets the money back, and everyone walks away as if the deal never happened.

The law calls this restitutio in integrum, and a recent Gauteng High Court decision shows that putting the parties back where they started can be a far more exact exercise than simply reversing the transaction.

Read the full article here: https://shorturl.at/32Gkp

A look back at the Paarl Property Review, proudly hosted by Minitzers Attorneys and Investec.Thank you to everyone who j...
21/08/2026

A look back at the Paarl Property Review, proudly hosted by Minitzers Attorneys and Investec.

Thank you to everyone who joined us for a morning of valuable insights and engaging discussion about the Paarl property market and the broader economic landscape.

A special word of thanks to our speakers, Dr Campbell Parry, Andreas Dercksen and Seraj Johaar, for sharing their knowledge and perspectives—and to Investec for helping us make the event possible.

We thoroughly enjoyed hosting you and look forward to building on the success of this event.

Here are some of our favourite photographs from the morning.

A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails p...
11/08/2026

A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind up the trust?

Not so fast. A recent Supreme Court of Appeal decision shows that a founder’s later wishes do not, without a formal amendment, override the terms of the trust deed.

Can family conflict kibosh a trust? Find out here: https://shorturl.at/J6HWc

“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” (attributed t...
04/08/2026

“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” (attributed to Mark Twain)

A married couple moved to Australia and rented out their South African family home while they tested the waters Down Under. Years later, once they had decided to remain abroad, they sold the property and gave their tenant notice under a clause that allowed them to cancel the lease on three months’ written notice. The tenant argued that the lease was protected by the Consumer Protection Act (CPA) and could only be cancelled if he had materially breached it.

A recent Supreme Court of Appeal decision explains why the tenant’s CPA argument failed, but also why the landlords could not require him to vacate without following the proper eviction process.

Read more here: https://shorturl.at/eKRJv

One Bad Letter and Your Eviction Falls ApartMany landlords assume that once a tenant stops paying rent, an eviction orde...
15/07/2026

One Bad Letter and Your Eviction Falls Apart

Many landlords assume that once a tenant stops paying rent, an eviction order will inevitably follow. A recent Western Cape High Court judgment shows how wrong that assumption can be. Despite rental arrears of more than R46,000 and an apparently legitimate grievance, a landlord’s eviction application failed because of a problem many people overlook: the cancellation letter.

The dispute arose after tenants allegedly fell behind on their rental payments. The landlord sought to terminate the lease and evict the occupants. Although the alleged arrears were not seriously disputed, the case ultimately turned on a different question: whether the lease had been validly terminated in the first place.

The court didn’t even consider whether the eviction itself would have been justified. Instead, the application failed because of defects in the cancellation process.

Learn more here: https://shorturl.at/WUJG5

“By failing to prepare, you are preparing to fail.” (Benjamin Franklin)A dementia diagnosis affects far more than memory...
08/07/2026

“By failing to prepare, you are preparing to fail.” (Benjamin Franklin)

A dementia diagnosis affects far more than memory. As the condition progresses, it can impair a person’s ability to manage finances, make legal decisions, sign contracts, or deal with property and investments.

For many families, the legal implications only emerge when practical problems arise. A bank account needs accessing, a property needs selling, or financial decisions must be made for someone who can no longer act independently.

At that point, many assume a Power of Attorney will help. South African law says otherwise.

Read the full article here: https://shorturl.at/rkyaR

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3rd Floor Arcade House, 4 New Street
Paarl
7646

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Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 16:30

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