Carol Coetzee & Associates

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Carol Coetzee & Associates

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Carol Coetzee & Associates is a Proudly South African Level 2 BBB-EE Law firm with deeply entrenched core values, which are evident in our professionalism and client-centric focus.

12/10/2026

“The defect was fixed, so I don’t need to disclose it.”

Not necessarily.
If there has been a material defect or problem with a property, the safer approach is to disclose it - even where repairs have already been carried out.

For example, if there was previously damp, a leaking roof, structural cracking or a plumbing problem, do not simply assume that the issue no longer needs to be mentioned because it was repaired.

Disclose the problem and explain what was done to repair it.

If available, keep the invoices, reports, guarantees or other proof of the remedial work.

A proper disclosure does not necessarily mean there is something wrong with the property today. It gives the purchaser the relevant history and, importantly, creates a record of what the seller disclosed before the sale.

A voetstoots clause should never be treated as a substitute for proper disclosure.

For sellers and property practitioners, when in doubt, disclose rather than leave room for an allegation later that something material was withheld.

Carol Coetzee & Associates can assist with property disclosures and appropriate wording in sale agreements.

Contact details:
Phone: 011 465 0518
Email: [email protected]

05/10/2026

The seller is a company and a VAT vendor. Does that mean a Section 34 notice is required?

Not necessarily.

A seller does not become subject to Section 34 of the Insolvency Act simply because it is a company or is registered for VAT.

The enquiry is more specific.

First, one must determine whether the seller is a “trader” for purposes of the Insolvency Act.

If so, the next question is whether the transaction involves the transfer of the business, its goodwill, or goods or property forming part of that business - and whether the transfer is taking place outside the ordinary course of that business.

This is a fact-specific enquiry.

For example, property held as a long-term investment and used to generate rental income may require a different analysis from property acquired, developed or held for sale as part of the seller’s trading activities.

For property practitioners, the practical point is:

Do not assume that Section 34 applies merely because the seller is a company or a VAT vendor.

Flag the issue early and give the conveyancer sufficient information about the seller’s business and the purpose for which the property is held so that the transaction can be properly assessed.

Carol Coetzee & Associates can assist in determining whether Section 34 applies and, where necessary, what steps should be taken before transfer.

Contact us for clear, practical conveyancing guidance.

Phone: 011 465 0518
Email: [email protected]

24/09/2026

Celebrating the rich tapestry of cultures, traditions and history that makes our nation truly unique. This Heritage Day, we honour our roots and the vibrant diversity that shapes our future together.

Happy Heritage Day from Carol Coetzee & Associates!

07/09/2026

Subject to the Sale of Another Property?
When is that property actually considered successfully sold?

A well drafted clause should clearly define:
- What must happen
- By when
- What proves the condition has been fulfilled

The wording matters.
When guiding a client through an Offer to Purchase, a clause making the transaction “subject to the successful sale of another property” may seem straightforward.

But what does “successfully sold” actually mean?
Is it when an offer is signed? When all suspensive conditions in that sale have been fulfilled? When guarantees are delivered? Or only once transfer takes place?

The answer depends on what the agreement actually says.
If the agreement does not clearly define the trigger, the parties may have very different ideas about when the suspensive condition has been fulfilled.

A properly drafted clause should clearly identify what must happen, the deadline for it to happen, how fulfilment is established, and what happens if the condition is not fulfilled by the deadline.

Suspensive conditions must be dealt with in accordance with the terms and time periods stipulated in the agreement, including any valid waiver or extension where legally permissible.

For property practitioners, the lesson is simple: do not rely on vague wording where an entire transaction depends on the sale of another property.

Carol Coetzee & Associates can assist with reviewing and structuring property agreement clauses to help ensure that the intention of the parties is clearly recorded.

This information is provided for general information purposes and does not constitute legal advice.

Contact details
Phone: 011 465 0518
Email: [email protected]

01/09/2026

MARRIAGE: ASK ONE MORE QUESTION
When completing a property agreement, “Are you married?” should not be the last question.

Where a client has entered into a Muslim marriage or Nikah, simply assuming that they should be described as married in or out of community of property may not accurately reflect their legal position.

South African law relating to Muslim marriages has developed significantly in recent years.

In 2022, the Constitutional Court addressed the historical non-recognition of Muslim marriages and directed that the law be brought in line with the Constitution.

In 2024, the Divorce Act was amended to expressly define a Muslim marriage and to provide important protections relating to the dissolution of these marriages.

For property practitioners, the important point is simple:

Do not make assumptions about the client's marital status or matrimonial property regime.

Ask:
- Was the marriage concluded according to Muslim rites or by Nikah?
- Was a civil marriage also concluded or registered with Home Affairs?
- What marriage documentation or Nikah certificate exists?
- Was any antenuptial contract, marriage contract or other agreement concluded that may affect the parties' property rights?

These details should then be referred to the conveyancer or attorney so that the parties can be correctly described in the agreement and the applicable matrimonial property consequences can be properly determined.

The right questions at the beginning can prevent complications later.

Carol Coetzee & Associates can assist property practitioners and clients in determining how marital status may affect a property transaction.

This information is provided for general information purposes and does not constitute legal advice.

Contact details
Phone: 011 465 0518
Email: [email protected]

11/08/2026

What happens when one electrician issues a Certificate of Compliance and another later says that the installation is not compliant?

A conflicting Certificate of Compliance ("CoC") does not necessarily mean that the original certificate was incorrectly issued.

The difference may arise because:
- Electrical work was carried out after the original CoC was issued;
- The electricians disagree on the interpretation of an applicable standard;
- Defects were overlooked during the original inspection; or
- The installation has deteriorated over time.

Before taking action, gather:
- The original CoC;
- The accompanying test report;
- The issuing electrician's registration details;
- Details of any electrical work completed after the CoC was issued;
- The second inspection report;
- Photographs; and
- All relevant correspondence.

Where the dispute concerns the interpretation of an applicable health and safety standard, the Electrical Installation Regulations provide a formal dispute-resolution process involving the Chief Inspector.

However, not every disagreement follows the same legal route. Defective workmanship, negligence, consumer disputes and contractual issues may require different remedies.

Before cancelling a sale agreement, delaying transfer or withholding payment, obtain both legal and technical advice to understand your rights and obligations.

Contact details
Phone: 011 465 0518
Email: [email protected]

09/08/2026

Celebrating the strength, ambition and impact of women everywhere. 🌸

Happy Women’s Day from the CC&A team! 💗

04/08/2026

The annual report due on 30 June 2026 was a Promotion of Access to Information Act ("PAIA") Annual Report, not a general Protection of Personal Information Act ("POPIA") compliance report.

PAIA and POPIA are closely connected, but they impose different legal obligations. Focusing only on POPIA compliance may result in important PAIA responsibilities being overlooked.

The 2025/26 PAIA Annual Report covered requests for access to records received and processed between 1 April 2025 and 31 March 2026, and the submission deadline was 30 June 2026.

If your organisation has not yet submitted its PAIA Annual Report, it should assess its compliance position without delay.

Carol Coetzee & Associates can assist you in determining where responsibility rests within your organisation, reviewing your legal obligations, and taking the necessary steps towards compliance.

Contact us for clear, practical legal guidance.

This information is provided for general informational purposes only and does not constitute legal advice.

Contact details
Phone: 011 465 0518
Email: [email protected]

22/07/2026

Is your property marketing database compliant with the latest Consumer Protection Act Regulations?

If your property business uses telephone calls, SMS, email, WhatsApp or other electronic communications to market its services, the amended Consumer Protection Act Regulations may affect how you conduct direct marketing.

Registration under the National Opt-Out Registry commenced in July 2026, and the new requirements may apply to property agencies, estate agencies and property practitioners who engage in direct marketing.

Importantly, existing marketing databases should not automatically be assumed to comply with the new regulatory requirements.

Businesses that fail to comply with the applicable requirements may face regulatory investigation and enforcement action, with administrative fines of up to R1 million or 10% of annual turnover, whichever is greater.

Understanding the new framework now can help reduce compliance risks later.

If you would like practical legal guidance on how these changes may affect your property business, contact Carol Coetzee & Associates.

Contact details
Phone: 011 465 0518
Email: [email protected]

18/07/2026

Today, we honour the legacy of Nelson Mandela by remembering that change begins with service, kindness and the willingness to make a difference.

May we each use this day to uplift, support and contribute to the communities around us.

Address

28 Sloane Street
Bryanston
2191

Telephone

+27114650518

Website

https://carolcoetzee.com/wp/

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