Marise HEFER Attorneys

Marise HEFER Attorneys We specialize in Property Law as Conveyancers and Notaries, situated in the Southern Suburbs.

Conveyancing Attorney, Bond Originator, Notary, Ante Nuptial Contracts ,Sale Experience, Developments.

// FAQ Friday: How much of a bond can non-residents get? //For non-residents looking to purchase property in South Afric...
04/09/2026

// FAQ Friday: How much of a bond can non-residents get? //

For non-residents looking to purchase property in South Africa, one of the key considerations is how much of the purchase price a South African bank may finance. As a general rule, non-residents are limited to financing of up to 50% of the purchase price, resulting in the remaining 50% needing to be funded through the purchaser’s own capital.

Banks will also assess the applicant’s financial position, including income, assets, liabilities, credit profile and the source of funds.

However, the position is not always the same for every foreign applicant. Visa status and the nature of the applicant’s residency can affect the financing available, with certain visa categories potentially qualifying for different lending considerations.

Before entering into a property transaction, it is important to understand the financing requirements that may apply to your specific circumstances.

Considering purchasing property in South Africa as a non-resident? Let us give you the best advice to ensure that the relevant requirements are considered from the outset.

✉️ [email protected] 📞 021 300 5392

// What happens if the seller changes their mind? //Once a valid agreement of sale has been signed by both the buyer and...
02/09/2026

// What happens if the seller changes their mind? //

Once a valid agreement of sale has been signed by both the buyer and seller, the seller cannot simply change his/her mind and walk away from the transaction. A signed agreement creates legal obligations for both parties. If the seller refuses to proceed without a legally recognised basis for cancellation, this will constitute a breach of contract.

Depending on the terms of the agreement and the circumstances, the buyer may have legal remedies available, which can include:

• Enforcing the agreement and seeking transfer of the property.
• Claiming damages resulting from the seller’s breach.
• Pursuing other remedies provided for in the agreement or applicable law.

The consequences will depend on the specific terms of the agreement and the circumstances surrounding the seller’s decision.
A property sale is a legally binding transaction, not simply an expression of intention.

If you are faced with a situation where a seller is attempting to withdraw from a signed agreement, obtaining legal advice promptly is important before taking further action. 🤝

// A new season, a moment of gratitude //Spring is a season that reminds us that growth often comes from investing in t...
01/09/2026

// A new season, a moment of gratitude //

Spring is a season that reminds us that growth often comes from investing in the right foundations - something that rings especially true in the property industry. We were delighted to receive this beautiful bouquet from a wonderful group of property brokers following Marise’s recent training session with their sales team on Sectional Title.

It was a privilege to share knowledge and practical insight on an area of property law that plays such an important role in informed property transactions. To our thoughtful clients and industry colleagues: thank you for the beautiful gesture and, more importantly, for trusting us to contribute to your team’s continued professional development.

May this Spring bring fresh opportunities, meaningful growth and many new beginnings.

// FAQ Friday: Can foreigners own property in South Africa?//Yes, they can. Foreign nationals are generally permitted to...
14/08/2026

// FAQ Friday: Can foreigners own property in South Africa?//

Yes, they can. Foreign nationals are generally permitted to buy and own residential and commercial property in South Africa, with the same ownership rights and legal protections as South African citizens.

However, there are a few important considerations:

• Foreign buyers may be required to provide a larger deposit when financing a property through a South African bank, as lending criteria differ for non-residents.

• Funds brought into South Africa to purchase property should be properly recorded through an authorised dealer to simplify the future repatriation of funds if the property is sold.

• All property transfers must comply with South African property laws and are registered in the Deeds Office.

Purchasing property is a significant investment. Understanding the legal requirements from the outset contributes to a smoother and more secure transaction.

// She knows her worth. She knows her rights. She knows her voice matters. //There is power in a woman who knows she doe...
09/08/2026

// She knows her worth. She knows her rights. She knows her voice matters. //

There is power in a woman who knows she does not have to make herself smaller to be heard.

Power in the woman who stands up for herself.
Who asks questions.
Who knows her rights.
Who makes difficult decisions with courage.
Who creates a future not only for herself, but for those who come after her.

We believe that knowledge of the law is more than information. It is confidence. It is protection. It is the ability to make informed decisions about what matters most. This Women's Day, we honour every woman who has challenged expectations, opened doors and created space for the next generation.

May you always know your worth, know your rights and never be afraid to use your voice.
Happy Women's Day.

// FAQ Friday: What is F**A compliance and why does it matter? //F**A compliance is an essential part of many legal and ...
07/08/2026

// FAQ Friday: What is F**A compliance and why does it matter? //

F**A compliance is an essential part of many legal and financial transactions in South Africa. It is designed to prevent money laundering and protect the integrity of the financial system.

As part of the process, clients will be required to provide proof of identity, proof of address, and proof of funds. These checks are not merely administrative formalities. They are legal requirements that ensure transactions are transparent, lawful, and properly verified.

Understanding F**A compliance can make property and financial transactions smoother, while reducing unnecessary delays and uncertainty. 🤝

✉️ [email protected] 📞 021 300 5392

**ACompliance

// One of the most common questions during a property transaction is, "Why is the transfer taking 6-8 weeks?"//In South ...
05/08/2026

// One of the most common questions during a property transaction is, "Why is the transfer taking 6-8 weeks?"//

In South Africa, a property transfer involves several legal and administrative steps, many of which depend on third parties before registration can take place.

Transferring attorneys manage the entire process and all the linked transactions, including but not limited to the following:

• Securing the purchase price
• Managing the finances, including bond cancellation figures.
• Preparing and signing the transfer documents.
• Obtaining rates clearance certificates from the local municipality.
• Securing levy clearance certificates when the property forms part of a sectional title or homeowners' association.
• Receiving transfer duty receipts or exemption certificates from the South African Revenue Service.
• Coordinating with the bond cancellation attorneys and the bond registration attorneys to ensure the deadlines are met.
• Lodging the documents at the Deeds Office for examination and registration, entailing all bonds and bond cancellations being simultaneously placed.

Each stage must be completed in the correct order, and delays can occur if information is outstanding, certificates take longer to be issued, or multiple parties are involved in the transaction. Every legal requirement is designed to protect the interests of both the buyer and the seller while ensuring the property is transferred correctly.

// Buying Property Together... Without Being Married?//Know the Legal Position First.Purchasing property with a partner,...
03/08/2026

// Buying Property Together... Without Being Married?//

Know the Legal Position First.

Purchasing property with a partner, family member, or friend can be an excellent investment. However, if you are not married, it is important to understand that the law does not automatically regulate your ownership rights in the same way it does for certain matrimonial property regimes.

Before signing an Offer to Purchase, consider questions such as:

• What percentage of the property will each person own?
• How will the bond repayments and other expenses be shared?
• What happens if one owner wants to sell?
• What happens if the relationship or partnership comes to an end?
• What happens if one owner passes away?

Without a clear agreement, these situations can become complicated, time-consuming and costly to resolve.

A well-drafted co-ownership agreement provides certainty by setting out each owner's rights, responsibilities and the process for dealing with future changes. It is a practical way to reduce uncertainty and protect everyone's interests. Taking the time to establish clear legal arrangements before the purchase can provide valuable peace of mind for the years ahead.

✉️ [email protected] 📞 021 300 5392

// A property's value extends far beyond its location and price. //When purchasing property, factors such as location, s...
16/07/2026

// A property's value extends far beyond its location and price. //

When purchasing property, factors such as location, security, schools and affordability naturally receive significant attention. Equally important, however, is ensuring that every legal aspect of the transaction is properly addressed.

A conversation over coffee may be enough to agree on the broad terms, but it does not provide the certainty, protection or legal enforceability that a properly managed property transaction requires.

From reviewing agreements and ensuring compliance with legal requirements to safeguarding your interests throughout the process, professional legal guidance provides the confidence that every detail has been carefully considered.

Property is one of the most significant investments you will make. It deserves more than assumptions. It deserves certainty. 🤝
✉️ [email protected] 📞 021 300 5392

// Is it ever worth skipping a property inspection? //It may seem like a way to save time or money, but skipping a prope...
14/07/2026

// Is it ever worth skipping a property inspection? //

It may seem like a way to save time or money, but skipping a property inspection can be a costly decision.

An inspection can reveal defects that are not immediately visible during a viewing, from structural concerns and damp to plumbing or electrical issues. Identifying these problems before the sale is finalised allows buyers to make informed decisions and, where appropriate, negotiate repairs or the purchase price.

While a property inspection is not a legal requirement in South Africa, it is often one of the most valuable steps a purchaser can take before committing to such a significant investment. At Marise Hefer Attorneys, we believe informed decisions lead to stronger property transactions.

Protect your investment before you sign.
✉️ [email protected]
📞 021 300 5392

Address

Room 204 2nd Floor, Library Square Building, 3 Wilderness Road
Cape Town
7708

Opening Hours

Monday 08:30 - 16:30
Tuesday 08:30 - 16:30
Wednesday 08:30 - 16:30
Thursday 08:30 - 16:30
Friday 08:30 - 16:30

Telephone

+27213005392

Website

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