Minitzers Attorneys

02/06/2026

Your Property Purchase Collapses: Can You Get Your Deposit Back?

A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly less than the original price. What happens to the deposit money?

Deadlines in property transactions are not flexible unless the agreement says so. A deposit is not a placeholder and sellers don’t have to play nice.

The bottom line? Get advice before you sign.

Read more here: https://shorturl.at/SqR8o

22/05/2026

13/05/2026

“Good rules make good neighbours.”

The many benefits of living in a residential complex come, naturally enough, with obligations as well as rights.

With its innate potential for conflict between competing rights, community living requires a fine balancing act between the individual rights of owners and residents, and the rights of the community as a whole. Of course, conduct rules are meaningless without enforcement, and that exposes everyone concerned to another balancing act: consistent enforcement versus over-rigid and unconstitutional enforcement.

A recent Supreme Court of Appeal (SCA) decision highlighted this in the case of a complex with a communal washing area. Read the full article here: https://shorturl.at/buVV9

05/05/2026

Before you lend, be aware of two major risks that you need to manage. Both are imposed by the National Credit Act (NCA):

1. Not registering as a credit provider: If you lend money without registering when you were required to do so, your agreement will be invalid and unenforceable. You will lose everything unless you can convince a court to make a “just and equitable” order allowing you at least a partial recovery.

2. Reckless lending: Let’s turn now to the second risk, which applies whether you are properly registered as a credit provider or not. We’ll illustrate it with a recent High Court decision in which a family trust’s lending was held to be reckless and therefore irrecoverable. More here: https://shorturl.at/MvTT6

02/05/2026

Our Val de Vie office has moved to Unit C208, Polo Village Offices.

To book a consultation, please email [email protected]

09/04/2026

With interest and home loan rates at their lowest since 2022, it’s no surprise that South Africa’s property market confidence level at the end of 2025 was sitting at a record high of 87%. That will have been boosted by the country’s positive economic outlook following Budget 2026, and by Budget 2026’s 50% increase in the primary residence exclusion (which should stimulate sales by reducing the CGT payable by sellers).

If you are a buyer about to put in an offer on a house, remember to budget for the various costs you’ll face over and above the purchase price. Click here for a list we’ve put together and use it to prepare your own detailed cash flow forecast: https://shorturl.at/gMwwV

11/03/2026

Congratulations, you’re the proud new owner of your dream home! Your name’s on the title deeds, and your ownership is registered in the Deeds Office. That’s conclusive proof that the house is yours, right? Regrettably, this isn’t always the case…

Although registration is usually proof of ownership, there are exceptions. One exception is fraud. And a recent High Court case is a sharp reminder to every party to a property sale and transfer (seller, buyer, estate agent, conveyancer and bonding bank) that any sale and transfer tainted by fraud will almost certainly unravel.

Choose your conveyancer with care!
https://shorturl.at/qcSPH

04/03/2026

How much will I save if I sell my house?

A big highlight for property sellers and buyers is that, having remained unchanged since 2012, the primary residence exclusion for Capital Gains Tax has been increased from R2 million to R3 million. In addition, the annual CGT exclusion has been increased for individuals by 25% from R40,000 to R50,000, and for deceased estates by 47% from R300,000 to R440,000.

The big win is that when you sell your primary residence (the home you live in), the first R3 million capital gain is now excluded from CGT.

Read more here: https://shorturl.at/7lupv

26/02/2026

2026 Budget Speech Summary

What does it mean for you and your business?

Budget 2026 will be broadly welcomed by taxpayers, with no increases in either corporate income tax or the VAT rate, and (at long last!) inflation-linked adjustments to personal income tax brackets, rebates and medical tax credits to reduce the “bracket creep” that has been inflicted on us in pr...

10/02/2026

Parking Disputes and the “Reasonable Neighbour” Test

Maintaining friendly relations with the neighbours, or at least an “I’ll ignore you if you ignore me” sort of neutrality, has probably been a primary aim of homeowners since the dawn of history. No doubt even our cave dwelling ancestors were as keen to get on with the Joneses next door as they were to keep up with them. But as we all know, it’s not always easy.

A recent High Court fight over parking rights is unfortunately pretty much par for the course when it comes to neighbourly relations deteriorating into open conflict, both inside and out of the courtroom.

What’s a “reasonable neighbour”? Find out here: https://shorturl.at/6JiOn