Minitzers Attorneys

18/06/2026

Property owners often spend considerable time deciding which estate agent to appoint, what price to seek and when to bring their property to market. Far less attention is usually given to a more important question: "Am I actually ready to sell?"

If there is a reasonable possibility that you may sell your property within the next 24 months, an early discussion can often identify issues that are best addressed in advance and help you make better-informed decisions when the time eventually comes. Contact Stefan at [email protected] for independent advice.

Property owners often spend considerable time deciding which estate agent to appoint, what price to seek and when to bring their property to market. Far less attention is usually given to a more important question:

16/06/2026

When a Property Defect is Your Problem, Not the Seller’s

Buyers who purchased a Marina Da Gama property sued the seller and estate agent after a deck collapsed due to unapproved construction, but lost all claims - the agent's "stunning condition" description was mere sales puffery, and the voetstoots clause protected the seller since no deliberate concealment or fraud could be proven.

In plain terms. Puffery is not a promise - in fact, it’s to be expected in real estate listings. A voetstoots clause is not easily defeated. And the burden of investigating a property before signing rests firmly on the buyer. Get advice before you sign.

Full article here: https://shorturl.at/O7xyj

09/06/2026

Estate Planning: The Ambush Tax Lurking in the Wings

At the heart of any estate plan lies your will. Pair it with a file containing all the information and documents that your executor and heirs will need to wind up your estate, and you’ve laid a solid foundation for protecting your loved ones when you’re no longer around to do so.

Hopefully, most of us have already crossed those two essentials off our “to do” list. But there’s a third step which doesn’t always receive the attention it requires: planning for the costs your estate will have to pay, including a number of taxes.

Read here: https://shorturl.at/FYwd0

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