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Gustav Barkhuysen Attorneys

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Gustav Barkhuysen Attorneys

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GB Law is a boutique Law Firm focusing on a personal client service and delivery. Our clients are our first priority.

21/10/2026

🏡 What Property Owners Should Know about Sole Mandates

🔑 WHAT IS A SOLE MANDATE?

A sole mandate gives one estate agent the exclusive right to market and sell your property for an agreed period.

📋 THREE THINGS TO KNOW BEFORE YOU SIGN

Make sure your agreement is in writing, check the expiry date and understand that selling privately or through another agent could leave you liable for commission.

🚪 CAN YOU CANCEL A SOLE MANDATE?

Yes, in certain circumstances, but specific notice periods and legal requirements may apply depending on your agreement and the circumstances.

⚖️ Want to understand your rights and responsibilities before signing on the dotted line?

Head over to the GB Law newsroom to read the full article and make sure you’re making informed decisions when selling your property.

18/10/2026

Who protects your deposit when a property deal falls through? 🏡

Buying a house is a big financial commitment, and your deposit is often a substantial amount of money paid before the property is officially yours.

But what happens when things go wrong?

🔑 Your bond is declined, and the sale cannot proceed.
⚖️ You and the seller disagree about the terms of the sale or who is entitled to the deposit.
🚨 You receive fraudulent banking details by email and unknowingly pay your deposit into a scammer’s account.

In these situations, getting your money back may not be straightforward.

So, who is ultimately responsible for protecting your deposit?

While conveyancers and estate agents may be involved, you should never assume your money is automatically protected.

Here are three ways to safeguard your deposit:

✔️ Know exactly who is holding your money and where it is being kept.

✔️ Understand your Offer to Purchase, especially the conditions that determine whether your deposit can be refunded.

✔️ Independently verify banking details before making any payment. Never rely on email instructions alone.

The bottom line? A signed Offer to Purchase does not guarantee a smooth transaction. Understanding your rights and knowing how your deposit is protected can make all the difference.

Need assistance with the legal side of buying or selling a property? Get in touch with our offices.
🌐 gblaw.capetown
📩 [email protected]
☎️ +27 (0)21 180 3532

15/10/2026

💍 THE CLAUSES YOUR PRENUP CAN’T OVERRIDE: MARITAL CONTRACT MYTHS DEBUNKED ⚖️
Think your ANC (ante-nuptial contract) protects you from absolutely everything? Think again! 👀

Even if both partners agree and sign on the dotted line, certain clauses may not hold up in a South African court.

Here are three common misconceptions that could catch you by surprise:

👶 "We’ve agreed that neither of us will ever pay maintenance.”
Not so fast! You can’t simply sign away your legal duty to support your spouse during marriage or agree in advance that your child will never receive maintenance. Your child’s best interests come first, and courts can still consider spousal maintenance after divorce.

💰 “My pension is excluded, so it’s mine no matter what.”
Think again! Specific legal rules apply to retirement funds, and a general exclusion in your prenup may not give you the protection you expect.

💔 “If my spouse cheats, they forfeit their assets.”
Not necessarily! A clause stating that an unfaithful spouse automatically loses their assets may not be enforceable under South African law.

The bottom line? A prenup is an important financial planning tool, but not every clause is legally enforceable.

📖 Head over to the GB Law Newsroom to read the full article, *The Clauses Your ANC Can’t Override: Marital Contract Myths Debunked*, for more examples and practical insights.

💍 Getting married? Visit the GB Law offices for professional guidance on drafting an antenuptial contract that protects your interests and complies with South African law.

14/10/2026

🏡 A NEW GENERATION, A NEW WAY TO BUY PROPERTY.🔑

South Africa’s property market is changing, with more young buyers choosing to purchase their first home independently, rather than waiting for marriage or other traditional life milestones. For many, homeownership is becoming an important step towards financial independence, stability and long-term wealth creation.

Here are a few key takeaways from the latest property trends:

🔑 65.5% of home loan applications from buyers aged 25 to 34 were submitted by single applicants in 2026.

🏙️ Apartments, townhouses and sectional-title properties are becoming increasingly popular entry points into the property market.

💰 Zero-deposit and cost-inclusive home loans are helping some buyers overcome the challenge of saving for a deposit and upfront transaction costs, subject to lender approval.

🏡 For most young buyers, the goal remains owning a home to live in, rather than purchasing an investment property.

The takeaway? Today’s buyers are approaching property ownership differently, but the desire for a place to call home remains strong.

📖 Head over to the GB Law Newsroom to read the full article and discover more about how a new generation is reshaping South Africa’s property market.

🔑 Thinking about buying your first home? Pop in at the GB Law offices. Our team can help you navigate the legal paperwork and conveyancing process, making your journey to homeownership that much easier.

08/10/2026

For Gustav, conveyancing is about far more than paperwork. He loves the strategy, the problem-solving and being part of the journey that gets everyone across the line. Because when the deal gets complicated, that’s when he really enjoys what he does.

Get in touch with GB Law
🌐 gblaw.capetown
📩 [email protected]
☎️ +27 (0)21 180 3532

07/10/2026

🏠 AIRBNB RATES: WHAT COULD THE PROPOSED CHANGES MEAN FOR PROPERTY OWNERS?

Cape Town’s proposed short-term letting by-law could have a significant impact on property owners who use their homes as Airbnb or other short-term rentals.

Under the proposal, properties available for short-term letting for more than 50% of annual room nights could be subject to commercial property rates.

For an owner currently paying around R10,000 a year in property rates, that could mean a bill of approximately R24,000 a year, an increase of around R14,000. 💸

But what about the homeowner who only rents out their property occasionally, perhaps for a few weeks during the December holidays?

Properties below the proposed 50% threshold would not be subject to the commercial rate increase. This could mean occasional holiday letting remains a more viable option for homeowners who aren't operating their properties as short-term rentals for more than half the year.

The bigger question is what happens to properties that do cross the threshold.

Will owners increase their rates, meaning visitors ultimately pay more?

Or will the increased cost make short-term letting less attractive, encouraging investors to move their properties into the long-term rental market?

What do you think? 👇

02/10/2026

🏡 RENTING OUT YOUR CAPE TOWN HOME THIS DECEMBER? READ THIS BEFORE YOU LIST! 🌴☀️

Thinking of turning your home into a holiday rental this festive season? Before welcoming your first guests, make sure you've ticked these five important legal boxes! ⚖️

🔑 1. GET PERMISSION TO SUBLET

Renting rather than owning? You'll need your landlord's written consent. If you own an apartment, check your body corporate rules, too. Short-term letting may be restricted.

📍 2. CHECK YOUR PROPERTY'S ZONING

Not every property can automatically be used as a holiday rental. Check that your intended use complies with the City of Cape Town's zoning scheme and applicable by-laws. Additional approvals or safety requirements may apply.

💰 3. KNOW YOUR TAX OBLIGATIONS

Holiday rental income generally needs to be declared to SARS. Depending on your circumstances, you may also need to register for VAT. As of April 2026, the compulsory VAT registration threshold is R2.3 million in taxable supplies over 12 months.

🛡️ 4. PROTECT YOUR PROPERTY

Airbnb's AirCover for Hosts offers certain protection against guest damage and liability, but exclusions apply. Check that your own insurance policy covers short-term letting. Don't assume Airbnb's protection replaces your insurance.

📝 5. GET YOUR RENTAL AGREEMENT RIGHT

A clear rental agreement can help prevent costly misunderstandings. Include payment terms, cancellations, house rules and responsibility for property damage. Make sure your agreement aligns with your booking platform's terms.

⚖️ A LITTLE LEGAL PREPARATION GOES A LONG WAY!

Whether you're renting out your home this December or considering short-term letting throughout the year, getting your legal affairs in order can save you unnecessary stress.

Need help with a rental agreement or your legal obligations? Contact GB LAW. We're here to help protect your property and your peace of mind.

📍 Durbanville | Noordhoek

01/10/2026

🏡 ONE WANTS TO SELL. THE OTHER DOESN'T. NOW WHAT?

When it comes to selling a property from a deceased estate, not everyone may be on the same page. So, what happens when one heir wants to sell and another refuses?

It's not always as straightforward as you might think. ⚖️

Here's what you need to know:

📌 WHO CAN SELL THE PROPERTY?
Only an officially appointed executor with Letters of Executorship can sign an offer to purchase on behalf of the estate.

📌 DO ALL THE HEIRS HAVE TO AGREE?
Written consent from all heirs is generally required for the transfer of the property. Disagreements can complicate the process, and the executor must follow the applicable legal requirements.

📌 WHAT IF THE PROPERTY IS SOLD?
The executor must submit the required documents to the Master of the High Court and obtain the necessary endorsement before the property can be transferred to the buyer.

📌 CAN THE EXECUTOR BUY THE PROPERTY?
Yes, but strict rules apply. If the executor or certain related parties wish to purchase the property, approval from the Master of the High Court is required.

⚖️ THE BOTTOM LINE

When heirs disagree about selling a property, things can get complicated. Understanding the executor's responsibilities and the legal requirements is essential to navigating the process.

Need guidance on a deceased estate property sale? Our GB Law team is here to help.

25/09/2026

Meet Gustav Barkhuysen.
Founder & Director of GB Law. Property lawyer. Conveyancer. Problem solver.

18+ years in property law, but still firmly believes the best legal service is personal, practical and available.

Property. People. Getting the deal done. 🥂

Address

V&A Waterfront & Noordhoek Farm Village
Cape Town
8001

Opening Hours

Monday	08:00 - 17:00
Tuesday	08:00 - 17:00
Wednesday	08:00 - 17:00
Thursday	08:00 - 17:00
Friday	08:00 - 16:00

Telephone

+27211803532

Website

http://www.gblaw.capetown/

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