Marise HEFER Attorneys

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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.

// Thank you for 16 years of support!//October marks 16 years since we established Marise Hefer Attorneys - a milestone ...
21/10/2026

// Thank you for 16 years of support!//

October marks 16 years since we established Marise Hefer Attorneys - a milestone that reflects more than three decades of dedication to the legal profession.

Building a practice is about more than legal knowledge. It is about the relationships we build, the colleagues we learn from, the challenges that shape us and the commitment to continuously grow in our understanding of the law.

Over the years, we have had the privilege of working alongside talented colleagues, sharing knowledge, navigating complex legal matters and finding practical solutions for clients. Each experience has contributed to the professional journey and reinforced the importance of collaboration, integrity and a genuine passion for the law.

As we celebrate this milestone, we look back with gratitude on the journey so far and look forward to continuing to serve our clients with the same dedication, care and commitment that have guided the practice from the beginning.

Thank you to our colleagues, clients and everyone who has been part of this journey. Your trust and support have helped shape the practice we are proud of today.

Here’s to 16 years of Marise Hefer Attorneys, and to many more years of learning, growing and making a difference.

// What taxes do foreign buyers pay?//Buying property in South Africa as a non-resident is one thing. Understanding what...
29/09/2026

// What taxes do foreign buyers pay?//

Buying property in South Africa as a non-resident is one thing. Understanding what happens when you eventually sell and want to take your funds out of South Africa is just as important.

Here are some of the key considerations:

• Tax on the sale:
A non-resident selling South African immovable property may have South African tax obligations, including Capital Gains Tax.

There is also a specific withholding requirement under Section 35A of the Income Tax Act. Where the property sale exceeds R2 million, the purchaser is generally required to withhold a percentage of the amount payable to a non-resident seller and pay it to the South African Revenue Service:

• 7.5% for a natural person
• 10% for a company
• 15% for a trust

This withholding is an advance payment towards the seller's eventual tax liability.

• A tax directive may change the amount withheld:
The seller can apply to the South African Revenue Service for a directive where the actual tax liability is expected to be lower than the prescribed withholding amount. Depending on the circumstances, the directive may authorise a reduced or even zero amount to be withheld.

• Repatriating your funds:
Once the property has been sold, the proceeds can be transferred offshore, subject to the relevant exchange control and tax requirements. This is where having a clear record of the original funds brought into South Africa and the property transaction becomes particularly important.

The takeaway? The sale is not the end of the process.

For non-resident property owners, tax, exchange control and supporting documentation all form part of getting your investment proceeds back offshore. Planning your property purchase with the eventual sale in mind can make the process considerably more straightforward.

Buying or selling South African property as a non-resident?
Make sure you understand the full journey - not just the purchase.

✉️ [email protected] 📞 021 300 5392

// What happens if someone passes away before the property transfer is completed? //Buying or selling a property is a si...
28/09/2026

// What happens if someone passes away before the property transfer is completed? //

Buying or selling a property is a significant legal process, and sometimes unexpected circumstances arise before the transfer has been registered.

One important question is: What happens if the buyer or seller passes away before the transfer takes place?
The answer depends on the circumstances, but the transaction does not simply disappear.

If the seller passes away, the property becomes part of their deceased estate. The executor appointed to administer the estate will need to take over the relevant legal processes, and the existing sale agreement will need to be considered as part of the estate administration.

If the buyer passes away, the situation will similarly need to be dealt with through the buyer’s deceased estate. The validity and terms of the existing agreement, as well as the buyer’s estate and financial obligations, will need to be considered.

The important point is that a signed sale agreement creates legal obligations, and the death of one of the parties does not automatically cancel those obligations. However, the transfer process will be delayed while the necessary estate and legal requirements are addressed.

This is why having the correct legal professionals involved from the beginning is so important. Every estate and property transaction is different, and the appropriate steps will depend on the specific circumstances.

✉️ [email protected] 📞 021 300 5392

// More than where we come from 🇿🇦 //Heritage is found in the places we call home, the land we build on and the legacy w...
24/09/2026

// More than where we come from 🇿🇦 //

Heritage is found in the places we call home, the land we build on and the legacy we create for those who come after us. This Heritage Day, we celebrate the diverse stories, cultures and traditions that make South Africa home - and the generations of people who have shaped the places we live, work and grow.

At Marise Hefer Attorneys, property is about more than bricks, boundaries and paperwork. It is about ownership, belonging and building a legacy that can be passed on. Because every property has a story. And every legacy starts somewhere.

Happy Heritage Day, South Africa.

// FAQ Friday: What documents do you need for a bond application? //Buying property while living or working abroad can i...
11/09/2026

// FAQ Friday: What documents do you need for a bond application? //

Buying property while living or working abroad can involve a few more documents than a standard application.
Depending on your circumstances and the lender’s requirements, you will be asked to provide:

Proof of income.
A valid passport.
Proof of your overseas residential address.
Recent bank statements.
Your employment contract or proof of employment.
A valid visa or relevant residency documentation.

Having your documents prepared can make the application process more efficient and help avoid unnecessary delays. If you are considering purchasing property in South Africa while living abroad, understanding the requirements before you begin can make the journey considerably smoother.

✉️ [email protected] 📞 021 300 5392

// What would you never compromise on when buying a home? //Location. Security. Schools. Price. Legal peace of mind.When...
10/09/2026

// What would you never compromise on when buying a home? //

Location. Security. Schools. Price. Legal peace of mind.

When buying a home, there are plenty of factors to consider. You think about the neighbourhood, the price, the space and whether the property feels right for you and your family.

But there is one consideration that should never be overlooked: knowing that your property transaction is legally sound.

A home is one of the most significant financial commitments you are to make. Understanding the legal aspects of the transaction and ensuring that the necessary processes are handled correctly can provide valuable certainty from the outset.

At Marise Hefer Attorneys, we believe that buying a home should be a considered decision — with every important detail given the attention it deserves. The right home is about more than where you live. It is about knowing you made a sound investment.

✉️ [email protected] 📞 021 300 5392

// 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.

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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