Michelle Bartlett - Harris Property & Finance

03/09/2026

Buying Property in a Trust or Company

Purchasing property through a trust or company can offer tax planning benefits, asset protection, and estate planning advantages. However, lending criteria may differ, and banks often require additional documentation and surety agreements.

Understanding ownership structure before signing an Offer to Purchase avoids costly amendments later. Strategic structuring should align with long-term goals.

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03/09/2026

Bank Guarantees in Property Sales: How Sellers Are Paid Securely

In financed transactions, buyers do not pay the full purchase price directly to the seller before transfer. Instead, banks issue guarantees to the transferring attorneys, promising payment upon successful registration.

These guarantees provide security to the seller while protecting the buyer’s funds until legal ownership transfers. Understanding how guarantees function reduces anxiety about large financial movements during the transfer process.

Structured payment mechanisms are a cornerstone of safe property transactions.

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03/09/2026

What Sellers Must Disclose by Law

When selling property, full disclosure is not optional — it’s a legal requirement.

Sellers are obligated to disclose known defects that could influence a buyer’s decision. Structural issues, damp problems, roof leaks, electrical faults, boundary disputes, or pending special levies must be declared honestly and in writing. Failing to disclose can result in disputes, legal action, or financial liability long after transfer.

Transparency protects both parties and strengthens the integrity of the transaction. A properly completed disclosure form ensures smoother negotiations and fewer surprises.

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03/09/2026

Rates Clearance Figures vs Final Accounts

Municipal clearance figures are estimates issued to secure transfer approval. Final accounts are later reconciled after transfer.

Sellers sometimes misunderstand this difference and are surprised when small adjustments occur post-registration. Knowing the distinction ensures realistic expectations around final proceeds.

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03/09/2026

02/09/2026

Transfer Duty Thresholds: Knowing When It Applies Transfer duty is calculated on a sliding scale and applies only above specific purchase price thresholds. Buyers within lower brackets may qualify for exemption, while higher-value purchases attract progressively higher duty rates.

Misunderstanding thresholds can distort affordability calculations. Buyers should confirm the applicable bracket before committing, especially when negotiating near threshold limits.

Accurate budgeting from the outset prevents financial strain before transfer.

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02/09/2026

Municipal Clearance Delays: How to Prevent Them

Municipal clearance certificates confirm that all rates and service charges are paid before transfer can proceed. Delays often arise due to billing disputes, incorrect meter readings, or outstanding balances.

Sellers should request clearance figures early and verify municipal accounts in advance of transfer. Proactive preparation reduces unexpected registration delays.

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02/09/2026

The Voetstoots Clause Explained

Most resale properties are sold voetstoots — meaning “as is.” This protects the seller from liability for defects unless they knowingly concealed a latent defect.

Buyers must conduct thorough inspections before signing. The voetstoots clause does not remove the seller’s duty to disclose known hidden defects, but it does shift responsibility for visible issues to the buyer.

Clear understanding prevents unrealistic expectations after transfer.

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