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Monday 09:00 - 17:00 Tuesday 09:00 - 17:00 Wednesday 09:00 - 17:00 Thursday 09:00 - 17:00 Friday 09:00 - 17:00

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Cornel Bouwer Conveyancing, 7 Locke Street, Pretoria (2026)

16/10/2025

Big News! We’re Expanding!

We are beyond excited to announce the opening of our new Conveyancing Office in Paarl!

As a trusted name in property law, we’re proud to bring our top-tier conveyancing services to the beautiful Western Cape. Whether you’re buying, selling, or transferring property, our expert team is here to guide you every step of the way, ensuring a smooth and hassle-free experience.

📍 Visit us at 265 Main Road, Paarl 7646 or contact us on 083 2762 007/ [email protected] to get started on your property journey today.

Thank you to our incredible clients for your continued trust.
We can’t wait to serve the Western Cape community with the same commitment and care we’re known for.

06/02/2025

🔔Interest Rate Update🔔

The Reserve Bank has announced a 0.25% drop in the interest rate, bringing the new prime lending rate to 11.00%. 📉🏡

This might be a great time to review your home financing options!

14/05/2024

Whether you’re buying or selling a property, remember that it's too late to ask questions after you’ve sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”).

𝑩𝑬𝑭𝑶𝑹𝑬 you sign the Offer to Purchase (OTP), ask the following questions first:

𝟏. To what extent are my rights protected and my risks minimised by the terms and conditions?
𝟐. What do all the terms and conditions (particularly the legal-speak bits) in the OTP mean in practice?
𝟑. What costs will I have to pay, and when?
𝟒.Is there anything in the Title Deed or local municipal laws and zoning restrictions that may impact me (as a buyer)?
𝟓. Do I (as buyer) have a copy of the plans, and have all extensions and alterations been authorised by the local authority?
𝟔. 𝐍𝐁: What defects have been disclosed in the Mandatory Disclosure Form? As a buyer, do not sign the Disclosure form if you have not done a thorough inspection of the property!
𝟕. What is the legal position around voetstoots clauses and patent and latent defects, and does the Consumer Protection Act apply to this sale?
𝟖. As a buyer, have I checked for practical issues like local fibre availability, crime levels, security, school feeder zones, fixtures and fittings to remain, work-from-home practicality, buy-to-let possibilities etc?
𝟗. Are there tenants/ occupants in the property, and if so, what does the OTP say about when they will vacate?
𝟏𝟎. When does the buyer take possession and occupation? (Remember: possession and occupation are two different concepts in law).
𝟏𝟏. What arrangements have been made for date of transfer and payment of occupational interest, rates and taxes, levies, municipal service charges etc.?
𝟏𝟐. In a residential complex: As a buyer, what Rules and Regulations will I be bound to, is there a danger of a special levy being levied, and do the latest financial statements for the Body Corporate or Homeowners Association show a healthy financial situation?
𝟏𝟑. Have I as seller appointed my choice of conveyancer (transferring attorney)?

𝐍𝐁! Get professional advice before committing yourself to anything!

29/02/2024

FOREIGN MARRIAGES AND THE AGREEMENT OF SALE

The matrimonial system applicable to a foreign marriage is determined by the laws of the country where the Husband was domiciled at time of conclusion of the marriage. A foreign marriage is dealt with, most of the times, similarly to a marriage in community of property.

SELLER:

1. Signature of the Agreement of Sale:

- The agreement of sale is not a document that is lodged in the Deeds Office, therefore if the property is registered only in one spouse’s name, only such spouse must sign the agreement and the assistance of the other spouse is not needed.
- However, if the property is registered in both spouses’ names, both must sign the agreement.

2. Signature of the transfer documents
- The Power of Attorney to pass transfer is lodged in the Deeds Office. Where the property is only registered in the name of one spouse, the other spouse needs to assist in signing the POA.
- Should the property be registered in both spouses’ names, both spouses need to assist each other on the POA.

PURCHASER:

Cash purchase:

In the event that a property is purchased cash, no assistance is required from the purchaser’s spouse on any of the documents (sale agreement and transfer documents), as none of the documents that the purchaser signs are lodged at the Deeds Office.

Purchase through bond finance:

In the event that the property is purchased through bond finance, the purchaser’s spouse will have to assist on the bond documents that are lodged at the deeds office being the Power of Attorney and draft bond deed, as well as on all the documents that the bank requires co-signature on.

Feel free to contact our offices should you have any questions in this regard.

13/02/2024

CONGRATULATIONS ON YOUR ENGAGEMENT!

Marriage is definitely one of the biggest commitments that you will make during your lifetime, and planning a wedding can get very stressful.

There are 3 types of marital regimes in South Africa for couples to choose from:

1. A marriage in community of property;
2. A marriage out of community of property without the accrual;
3. A marriage out of community of property with the accrual.

If you decide to get married out of community of property, you are required to enter into an antenuptial contract. This document is very important - it is therefore crucial to get it right the first time around.

Decisions regarding your marital regime and/ or antenuptial contract do not have to be stressful. We will gladly assist with lightening your load in ensuring you choose the best marital regime for you. We can also assist with the drafting and registration of your antenuptial contract.

In conclusion, it is of vital importance that you get the best possible advice in deciding on whether or not to enter into an antenuptial contract and, if so, what the terms of such an agreement should be.

01/02/2024

THERE MIGHT BE A FEW POSSIBLE DELAYS IN THE TRANSFER PROCEEDINGS (WHICH IS OUT OF THE CONTROL OF THE CONVEYANCING ATTORNEY):

EXAMPLES OF THE MOST RECENT DELAYS THAT WE’VE ENCOUNTER ARE:

1) Material F**A documentation and information of the Seller/ Purchaser is incomplete or inaccurate.

2)Transfer costs are not timeously paid by the Purchaser.

3)The Seller fails to settle outstanding levies/ administration fee.

4)The Municipality delays in issuing the clearance figures/ certificates – which happens quite often.

5)A lost title deed application must be done, seeing as the original is lost.

6)The Master’s Office delays the transaction by not timeously “consenting” to the sale of a property from an estate in terms of Section 42(2), or by not timeously issuing certified copies of a Will or L&D account, or by simply stating that the file has been lost…

7)Approved building plans are required but there are no plans/ no updated plans.

8)The property is attached and an interdict is registered against the property for debt of the seller which must first be uplifted.

9)The purchase price is less than the outstanding bond cancellation amount, which means that the bank first has to approve an Acknowledgment of Debt, signed by the seller, to enable the seller to pay the bank in instalments after registration.

It is therefore important to establish whether any of the above delays are applicable to your transaction in order to manage your expectations accordingly.

25/01/2024

WILL I NEED A CERTIF**ATE OF COMPLIANCE (COC) FOR MY SOLAR INSTALLATION?

A COC confirms that all electrical work and installations in your home are up to standard and complies with the Occupational Health and Safety Act, 1993.

Solar installations fall under the scope of the Electrical Contracting Industry, seeing as it is electrical installations. Solar Installations must be supported by a COC under the Electrical Installations Regulations, 2009 and the Occupational Health and Safety Act to ensure the safety of the installation and compliance with electrical regulations.

Any contractor installing solar systems must be an electrical contractor. According to the Electrical Installation Regulations, 2009, an electrical contractor must be registered and must either be an accredited electrician himself or have a licensed electrician working for him full-time.

An Installation Electrician (IE) or Master Installation Electrician (MIE) must oversee and manage all new solar installations.

A COC for a solar installation can only be issued by an IE or a MIE registered with the Department of Labour. An accreditation certificate must be issued by the Department of Labour to the said electrician.

If an electrician is qualified to install a solar system, he is required to provide a COC that covers the Solar installation by means of a test report, that it is safely installed and compliant with legislation. This is in addition to the normal electrical COC.

In conclusion, it is important to inform the sellers that a COC for a solar installation will be required together with the accreditation certificate from the Department of Labour of the electrician who issued the COC.

19/01/2024

*FACTORS THAT HAVE AN IMPACT ON THE VALUE OF YOUR PROPERTY*

The value of your property is ultimately based on what purchasers are willing to pay in the current market. Here are some of the factors that have an impact on determining the value of your property:

*1. Location*
The property’s location has the biggest significant impact on the property's value (the suburb and neighbourhood in which it is located). Proximity to hospitals, schools and shopping centres will assist in determining a suburb’s value.

*2. Structural elements and condition of property*

This refers to the materials used to build your home and/or recent upgrades. It’s possible for the value to increase if your home was built more recently with modern materials. However, well-maintained older homes with its original features could attract higher valuations. It’s of extreme importance to keep up with necessary repairs and maintenance.

*3. Size/ Square Metres and Number of rooms*

Larger homes are generally worth more than comparable smaller ones within the same market. The number of stories, liveable areas, bedrooms, bathrooms, and reception rooms will be taken into account to determine the value.

Most property practitioners/ valuators will compare it to others in the area with a similar number of rooms to determine the value.

*4. Economic factors*
Inflation, interest rates and consumer costs can influence a property’s value. Supply and demand have a significant impact on the value. If the market is filled with more purchasers than houses for sale, the value of properties values will typically increase and vice versa.

*5. Renovations*
Be careful not to over-capitalise on renovations and upgrades. Yes, it may add some value to your home, but they’re often expensive and might not always generate the expected profits. Speak to an expert before making costly changes to your home.

It’s very important to remain objective when determining the value of your property, despite your emotional and financial attachment thereto. Don’t underestimate the importance of professional guidance when it comes to one of your most significant investments – your property.

11/01/2024

UNDERSTANDING THE ROUWKOOP CLAUSE IN AN AGREEMENT OF SALE

What is a Rouwkoop?

Rouwkoop is a fair and reasonable amount payable by a party who wishes to withdraw from the agreement of sale. The parties must reach consensus on the said amount, although it is not always practically possible.

In recent times the rouwkoop clause has been extended to forfeiture of deposits already paid by the purchaser as a result of the purchaser’s breach of contract i.r.o a property transaction. It is applied when one of the parties requests to withdraw from the transaction, in which event the agreed amount must be paid by the party to be discharged from the transaction.

The rouwkoop clause is not depended on breach of contract by either party and therefore the forfeiture of any deposit amount paid by the purchaser as rouwkoop due to breach of contract, is a misapplication of this concept as this amounts to a penalty stipulation which will be subject to the Conventional Penalties Act 15 of 1962.

The rouwkoop clause must therefore be distinguished from the penalty clause which entails that a party (usually the purchaser who is in default of obligations imposed upon him shall forfeit any amount paid in respect of that transaction as damages. It is important to note that in terms of the Conventional Penalties Act and case law, the forfeiture of a deposit as a penalty, or any amount already paid in respect of a transaction cannot be arbitrary and should represent the damages actually suffered by the seller.

Considering the above, parties to a property transaction need to fully understand the full extent and application of the rouwkoop clause in respect of their property transactions to avoid unnecessary legal disputes.

02/11/2023

*"Let the signer beware!”*

Did you sign a contract without reading it first? This is where the Caveat Subcriptor Rule comes into play…

The caveat subscriptor [‘let the signer beware’] rule provides that a person who signs a contract agrees to the contents (terms and conditions) of the document, and they are bound by the document even if it subsequently turns out that the terms are not to their liking. In that event, they have no one to blame but themselves.

In other words, read and understand any agreement before you sign it – once you sign, the terms and conditions will be binding and enforceable against you, whether you read it or not.

“It is impossible to unsign a contract, so do all your thinking before you sign.” – Warren Buffet.

Feel free to contact our offices should you questions in this regard.

26/10/2023

CANCELLATION FIGURES VS CLEARANCE FIGURES

Have you ever heard your transferring attorney refer to “cancellation figures” and “clearance figures” during the course of your transaction, and not knowing the difference?

Here’s an easy explanation:

Cancellation figures:

1) Cancellation figures are requested from the seller’s bank (the bank of the current owner of the property). It is the outstanding amount still due to the bank.

2) In other words, the “cancellation figures” are the amount required for the full payment of the existing bond(s) registered over the property, to enable the bank to consent to the cancellation thereof.

3) A property cannot be transferred from one person to another while the owner is still indebted to the bank which holds a bond over the property to be transferred.

Clearance figures and the clearance certificate:

1) Clearance figures is the amount of rates and taxes which the seller must pay in advance to the municipality to cover all his rates and taxes due to the municipality until the date of registration.

2) These figures are normally requested two - three months in advance, to allow enough time for registration.

3) Once the clearance figures have been paid, the municipality will issue the rates/ municipal clearance certificate. The said certificate confirms that all amounts due in connection with that property for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties, during the two years preceding the date of the application for the certificate, have been fully paid.

4) A rates clearance certificate is valid for a period of 60 days from date of issue.

5) A registrar of deeds may not register a transfer of property without a clearance certificate.

Should you have any further question in this regard, feel free to contact our offices – we will gladly assist!

05/10/2023

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Cornel Bouwer Conveyancing

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Monday	09:00 - 17:00
Tuesday	09:00 - 17:00
Wednesday	09:00 - 17:00
Thursday	09:00 - 17:00
Friday	09:00 - 17:00