Welcome to Lake Properties PROPERTY CAPE TOWN Lake Properties is a young and dynamic real estate ag

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Cape Town, Western Cape, South Africa
Lake Properties, Cape Town is a young and dynamic real estate agency located in Wynberg, Cape Town. We offer efficient and reliable service in the buying and selling of residential and commercial properties and vacant land in the Southern Suburbs including Bergvliet,Athlone,Claremont,Constantia,Diepriver,Heathfield,Kenilworth,Kenwyn,Kreupelbosch, Meadowridge,Mowbray,Newlands,Obervatory,Pinelands,Plumstead,Rondebosch, Rosebank, Tokia,Rondebosch East, Penlyn Estate, Lansdowne, Wynberg, Grassy Park, Steenberg, Retreat and surrounding areas . We also manage rental properties and secure suitably qualified tenants for property owners. Another growing extension to our portfolio of services is to find qualified buyers for business owners who want to sell businesses especially cafes, supermarkets and service stations. At Lake Properties we value our relationships with clients and aim to provide excellent service with integrity and professionalism, always acting in the best interest of both buyer and seller. Our rates are competitive without compromising quality and service. For our clients we do valuations at no charge

Wednesday, 3 September 2025

What happens if a buyer of house is declared insolvent, while in the process of buying your house?

Lake Properties                       Lake Properties

Lake Properties                     Lake Properties

If a buyer is sequestrated, their estate and assets vest in a trustee who can either enforce or abandon any contract the buyer signed before sequestration — which means the sale often collapses unless the trustee chooses to carry it on; the seller may lodge a claim against the insolvent estate but recovery is uncertain.


What “sequestrated” ĺ for a property saleĺ

  • Control of the buyer’s assets passes to a trustee: when a court grants a sequestration order, the buyer’s assets (including rights under a signed sale agreement) vest in the trustee appointed by the Master of the High Court. The buyer no longer has freedom to manage those assets.
  • The trustee decides what happens to contracts the buyer entered into before sequestration. The Insolvency Act allows the trustee to either enforce (continue with) or abandon (reject) pre-sequestration contracts for the acquisition of immovable property. If the trustee abandons the contract, the seller is put back in the position of having a failed sale but can prove a claim against the estate for losses.

Immediate steps the seller should take (practical checklist)

  1. Ask for proof — immediately. Ask the buyer (or their conveyancer) to provide a copy of the sequestration order or written confirmation from the trustee. You must be certain the estat4e has been sequestrated before taking next steps. (Practical: get this in writing through your conveyancer.)
  2. Notify your conveyancer / attorney. The conveyancer must be told right away so they can pause transfer, check the contract wording, and c,°°`ontact the trustee. Conveyancer°s know the steps required w5|<•hen an interested party’s estate is sequestrated.
  3. Call on the trustee to elect. Under the law the trustee may elect to enforce or abandon the sale. Your attorney should deliver a formal written notice calling on the trustee to state, within a reasonable time (or the period specified in the Act/contract), whether the trustee will enforce or abandon the contract. If the trustee fails to elect, there are court remedies available to the seller.
  4. If the trustee abandons the contract — put the property back on the market. In practice this is usually the quickest way to stop carrying costs and to get a new buyer.
  5. Lodge a claim against the insolvent estate (if appropriate). If you suffered loss (e.g., difference in selling price, wasted legal/conveyancing fees, agent commission), you can prove a claim against the insolvent estate. But remember: proved claims are dealt with in the creditor process and recovery is uncertain. Follow the trustee’s instructions for lodging a claim (affidavit + supporting documents).
  6. Consider litigation only if it’s proportionate. You could ask a court to declare the contract void or to compel the trustee to act, but litigation is time-consuming and may cost more than you recover — discuss this with your attorney.

Immediate steps the buyer (or buyer’s representative/trustee) should take

  1. If you’re the buyer and sequestrated: you no longer control the estate — the trustee will take over. You should get legal advice immediately and give the trustee all contracts and documents. The buyer as an individual usually has limited influence on whether the sale continues.
  2. If you’re the (former) buyer and want the sale to continue: explain to the trustee why enforcing the contract would benefit creditors (e.g., the estate can pay the purchase price or the trustee can sell assets to raise funds). The trustee will weigh whether continuing helps the estate.
  3. If the trustee abandons the sale: the buyer (as debtor) should prepare to prove any personal or priority claims at the creditors’ meeting (if there are any amounts owed back to them), and to start rehabilitation steps if they want to trade again in future. Rehabilitation is a separate legal process after sequestration.

What happens to the deposit ` money already paid?

  • Deposits and payments can form part of the insolvent estate. If the buyer paid a deposit before sequestration and the trustee abandons the sale, that deposit may form part of the estate and be available to creditors — the seller will typically need to lodge a claim for any sums they say are due. Whether a seller can keep a deposit as liquidated damages depends on the contract terms and whether the buyer breached before sequestration. Practical recoveries are often limited.

How to prove and recover a loss (short guide)

  1. Collect your documents: Offer to Purchase, proof of deposits received, invoices (conveyancer/agent/legal), bank statements showing costs, and proof of marketing/holding costs.
  2. Lodge a proof of claim with the trustee: follow the trustee’s prescribed form and timelines (claims are proved to the trustee and considered at creditors’ meetings). There are formal rules and deadlines — your attorney or the trustee will advise what to file.
  3. Understand your rank: most seller claims for breach will be concurrent unsecured claims (meaning they share what’s left of the estate with other unsecured creditors) unless the law or a security gives you preference. Recoveries are therefore uncertain.

Timing & common timelines to expect

  • Trustee election window: the trustee should decide quickly whether to enforce or abandon contracts; if the trustee de•lays, the other contracting party may seek court intervention. In practice, sellers often get stuck waiting a few weeks while the trustee •investigates.
  • Creditors’ meeting and p●4roof of claims: there will be at least one meeting of creditors where proved claims are considered; proofs and objections are handled there — timelines vary by estate size and complexity.

Practical things sellers should do before accepting an offer (risk reduction)

  • Require firm bond pre-approval or proof of cash funds before you sign or set a condition that the offer is subject to formal bond approval.
  • Hold the deposit in the conveyancer’s trust account (gives you a clear paper trail and avoids third-party handling).
  • Put robust timeframes and clear forfeiture/damages clauses in the Offer to Purchase (but always have a conveyancer/legal review).
  • Do a quick credit check / ask for bank pre-approval letters on significant offers. (These steps don’t stop sequestration but reduce the risk of a financially weak buyer.)

Sample wording you can adapt for your Offer to Purchase (example only — get a lawyer to tailor)

Sequestration clause (example):

“If the Purchaser’s estate is sequestrated before transfer is registered, the Purchaser’s trustee must within six (6) weeks of appointment deliver written notice to the Seller (via the Seller’s conveyancer) whether the trustee elects to enforce or abandon the contract. If the trustee elects to abandon or fails to communicate an election within six (6) weeks, the Seller may cancel the contract and shall be entitled to claim damages from the insolvent estate as a concurrent creditor.”
— Have your attorney check and redraft; the statutory position and exact timeframes can differ by case.

Notice to Trustee — short template (for your conveyancer to send):

“We refer to the sale agreement dated [date]. Our client, the Seller, requests that the trustee of the sequestrated estate of [name] confirm in writing whether the trustee elects to enforce or abandon the contract. Please reply within [x] days. If you elect to enforce, please confirm how the balance purchase price will be secured/paid.”
(Conveyancer should send this formally with proof of delivery.)


Common questions sellers ask (quick answers)

  • Can I force the trustee to complete the transfer? Not usually; the trustee may choose to enforce the contract if it benefits creditors. If the trustee delays unreasonably, the seller can approach the court for relief — but courts consider the interests of creditors.
  • Can I sue the buyer personally? Once sequestrated, suing the buyer personally will route the claim into the insolvency process; personal enforcement against the debtor’s assets is now controlled by the trustee.
  • Will I get my damages fast? No — claims against insolvent estates are usually slow and recovery is uncertain; often sellers get little or nothing unless there are sufficient estate assets.

Short, plain-language timeline example (what usually happens)

  1. Buyer sequestrated → assets vest in trustee.
  2. Seller/conveyancer notifies trustee and requests election.
  3. Trustee investigates estate and decides to enforce or abandon (or asks court).
  4. If abandoned → seller re-markets and lodges claim for losses with trustee. If enforced → trustee takes steps to complete sale or asks court for direction.

Lake Properties Pro-Tip

Before you accept an Offer to Purchase, require firm bank pre-approval or verified proof of funds and hold the deposit in the conveyancer’s trust account. Add a clear suspensive condition that bond approval must be delivered by a specific date and require the purchaser to notify you immediately if any insolvency process starts — small upfront checks save huge headaches later.


If you know of anyone who is thinking of selling or buying property in Cape Town, please call me

Lake Properties 

Russell Heynes 

083 624 7129 

www.lakeproperties.co.za 

info@lakeproperties.co.za 

Lake Properties                       Lake Properties


Tuesday, 2 September 2025

What are some reasons to choose an estate agent when buying your home


Lake Properties                      Lake Properties

Lake Properties                     Lake Properties

Buying a home is exciting, but let’s be honest—it can also be stressful, confusing, and even a little overwhelming. From browsing endless online listings to dealing with mountains of paperwork and negotiating prices, the process isn’t just about finding a beautiful house. That’s where a real estate agent comes in—they’re not just middlemen; they’re your guide, advocate, and sometimes even your sanity-saver. Here’s why having the right agent can make all the difference.


1. They save you time and energy

Imagine scrolling through listings late at night, trying to figure out which houses are worth visiting. A good agent filters the noise, pre-screens properties, and schedules viewings that actually match what you’re looking for. Instead of spending weeks chasing dead ends, they guide you straight to homes that meet your needs and budget. It’s like having a friend who knows exactly where the gems are hidden.


2. Local expertise you can’t Google

Photos online can be deceiving. A street might look charming but floods during rainy season. A neighbourhood could seem quiet but have late-night traffic. Experienced agents know these nuances. They can tell you which schools are genuinely good, which areas are appreciating in value, and even where the best coffee shops and parks are for your lifestyle. Their local insight is often more valuable than any online listing or property description.


3. Negotiation skills that save you money

Buying a home can be an emotional rollercoaster. Without experience, it’s easy to overpay for the wrong house or miss out on negotiating repairs after an inspection. Skilled agents know when to push, when to back off, and how to structure offers so you’re protected. Often, their guidance alone saves buyers thousands—simply by knowing the market and understanding human psychology in negotiations.


4. Access to more and sometimes hidden listings

Some of the best homes aren’t even online yet. Agents often have early or off-market access, giving you a chance to see properties before everyone else. They can also provide a Comparative Market Analysis (CMA) to show what similar homes have sold for recently. This insight ensures you pay a fair price—and sometimes helps you snag a property under market value.


5. Paperwork, deadlines, and legal guidance

The paperwork in buying a home can be a nightmare. From purchase agreements and bond applications to transfer forms and disclosure statements, missing a detail can cost time, money, or even the deal itself. A real estate agent coordinates all parties—conveyancers, banks, inspectors—so you don’t have to chase everyone individually. They’re like project managers for your home purchase, keeping everything on track and minimizing mistakes.


6. Connections to trusted professionals

Good agents aren’t just selling houses—they’ve built networks over years. They can connect you to reliable inspectors, mortgage brokers, electricians, movers, or handymen. Having someone you can trust on call makes the buying process smoother and reduces the risk of costly errors.


7. Emotional buffer and objective advice

Let’s face it: falling in love with a home is easy, but falling for a house with hidden issues is painful. Agents provide reality checks. They can calmly point out things you might overlook—like hidden maintenance costs, poor layouts, or bad resale potential—so you make a rational, informed decision. Their objectivity balances the excitement and helps prevent regrets later.


8. Guidance tailored to your lifestyle

A top agent doesn’t just sell you a house—they help you find a home that fits your life. For example, if you have children, they’ll point out family-friendly streets, nearby schools, and parks. If you work from home, they’ll suggest spaces with good light, sound insulation, or proximity to amenities. It’s about more than bricks and mortar—it’s about finding the place where your life happens.


Lake Properties’ Agent Tip

“Before you even start looking, get pre-approved for a mortgage and make two lists: a ‘must-have’ list and a ‘nice-to-have’ list. Pre-approval gives you credibility in the eyes of sellers, and the lists keep you focused on what truly matters. When a property ticks all your must-haves, act decisively. The right home won’t wait, and hesitation can mean missing out.


If you know of anyone who is thinking of selling or buying property in Cape Town, please call me

Lake Properties 

083 624 7129 

www.lakeproperties.co.za 

info@lakeproperties.co.za 

Lake Properties                       Lake Properties


Monday, 1 September 2025

Plumstead vs Kenilworth,which suburb of Cape Town suites you and the advantages and disadvantages of each suburb

Lake Properties                    Lake Properties

Lake Properties                  Lake Properties      

When choosing where to live in Cape Town’s Southern Suburbs, two names often come up: Plumstead and Kenilworth. Both offer excellence access to the city, good schools, and their beauty of Table Mountain as a backdrop. But the lifestyle in each suburb can feel quite different.

Plumstead: Space, Community & Affordability

Plumstead has long been known as a family-oriented suburb. Its tree-lined avenues and character-filled houses reflect a slower pace of life, while still being close enough to the city to keep commuting reasonable.

Who lives here?

  • Many families with children who want stabilitybigger gardens and safe streets.
  • Long-term residents who’ve been in the area for decades, adding to the suburb’s .
  • First-time buyers who find Kenilworth or Claremont out of budget.

Advantages of Plumstead

More House for Your Money – Compared t Kenilworth, Plumstead generally offers larger homes with gardens at a lower price point. Perfect if you want space for kids, pets, or even a veggie patch.

Schools & Parks – Within or near Plumstead are respected schools, playgrounds, and sports fields. Families often mention how convenient it is for ⁶ activities.

Quiet Residential Living – Life here is calmer. It doesn’t have the bustle of Kenilworth, which appeals to many.

Disadvantages of Plumstead

Older Properties – Many homes are charming but dated, often needing renovation. If you want a move-in-ready home, you may have to search harder.

Traffic at Peak Times – Main Road and Gabriel Road can bottleneck, especially during school hours.


Kenilworth: Central, Trendy & Convenient

Kenilworth is often described as a “social suburb”, thanks to its buzzing restaurants, pubs, and cafes—especially around Harfield Village. It’s lively, central, and ideal for those who want more convenience at their doorstep.

Who lives here?

  • Young professionals who enjoy the nightlife and trendy dining options.
  • Students (close to UCT) and young couples starting out.
  • Professionals who want easy access to Claremont, Wynberg, and the CBD.

Advantages of Kenilworth

Central Location – You’re close to Claremont shopping malls, Wynberg’s medical hub, and main transport routes like the M5.

Trendy Lifestyle – Harfield Village alone is packed with pubs, restaurants, and cafés. Perfect if you love dining out or a social atmosphere.

Good Public Transport – Train station, bus routes, and taxis all make commuting easier.

Wide Property Range – From modern apartments to stylish Victorian houses, Kenilworth has variety.

Disadvantages of Kenilworth

More Expensive – Expect to pay more for a smaller property compared to Plumstead. Apartments can also come with high levies.

Limited Outdoor Space – Houses often sit on smaller plots. Families wanting big gardens might feel restricted.

Busier Environment – With nightlife, traffic, and restaurants comes more noise. This won’t suit everyone.

Parking Issues – Especially near Harfield Village, finding parking can be a daily struggle.


Lifestyle Match: Which One Fits You?

  • If you’re a family who values affordability, garden space, and a calmer lifestyle, Plumstead is the better match.
  • If you’re young, social, or career-focused, and you want quick access to nightlife, shops, and the city, Kenilworth will likely suit you more.

Quick Comparison: Plumstead vs Kenilworth

Feature Plumstead Kenilworth
Property Prices More affordable, bigger plots Higher, smaller homes/apartments
Lifestyle Quiet, family-friendly, traditional Trendy, social, vibrant
Space Larger houses with gardens Smaller plots, more apartments
Community Feel Strong neighbourhood spirit Younger, faster-paced
Shopping/Dining Local shops & basics Harfield Village, malls, restaurants
Transport Easy car access, some congestion Excellent public transport & road access
Best For… Families, long-term living Young professionals, couples

Final Thoughts

At the end of the day, both Plumstead and Kenilworth are solid choices—they just appeal to different lifestyles.

  • Plumstead gives you space, affordability, and family comfort.
  • Kenilworth gives you convenience, energy and energy. 

If you know of anyone who is thinking of selling or buying property in Cape Town, please call me

Lake Properties 

083 624 7129 

www.lakeproperties.co.za 

info@lakeproperties.co.za 

Lake Properties                    Lake Properties

Sunday, 31 August 2025

What does Bond Cancellation mean ,how does it work an what are the advantages and disadvantages



If you’ve finally reached the point where your home loan is paid off—or you’re selling your property—you’ll soon bump into the term “bond cancellation.”

Many homeowners in South Africa are surprised to learn that paying off your bond is not the end of the story. The bank doesn’t just wave goodbye and hand over your title deed. There’s a formal legal process you still need to go through. And yes, it comes with its own costs and potential headaches.

Here’s what you need to know about cancelling your bond.


What Does Cancelling a Bond Actually Mean?

Think of a bond as a claim the bank has over your property. When you take out a home loan, the bank registers this claim (called a “mortgage bond”) at the Deeds Office.

Even if you’ve paid off every cent, the bond doesn’t just disappear. Until it’s officially cancelled through the Deeds Office, the bank still shows as having an interest in your property. Cancelling the bond wipes their name off your title deed, leaving you with a “clean” property in your name alone.


The Step-by-Step Process

Here’s how it works in practice:

1. Give Your Bank Notice

You need to give your bank 90 days’ written notice that you plan to cancel your bond.

  • If you’re selling your property, do this as soon as you put it on the market.
  • If you’ve just finished paying off your loan, do it as soon as you know you want the bond cancelled.

👉 If you skip this step, or cancel before the 90 days is up, the bank charges you an early termination penalty.

2. The Bank Appoints an Attorney

Your bank will appoint a bond cancellation attorney (usually from their own panel). You don’t get to pick this lawyer—the bank does.

This attorney will request cancellation figures from the bank, which include:

  • Any outstanding balance (if you still owe)
  • Accrued interest
  • Early termination penalties (if applicable)
  • Admin costs

3. Settlement of the Bond

If you’re selling your home, the transfer attorneys will make sure the buyer’s money pays off your bond, covers the cancellation attorney’s fee, and settles any other costs.

If you’ve paid off the bond already and are just cancelling, you’ll need to settle directly with the attorney.

4. Lodgement at the Deeds Office

Once everything is in order, the cancellation attorney takes the paperwork to the Deeds Office.

After registration, the bond is officially cancelled, and the bank no longer has a claim over your property. You’ll then be able to get your clean title deed.


What Does It Cost to Cancel a Bond?

Here’s the part most homeowners don’t love—it isn’t free.

  • Attorney’s Fee: Around R5,500 – R6,500 (standard across most banks).
  • Deeds Office Fee: A smaller admin charge (varies, but usually a few hundred rand).
  • Early Termination Fee: Up to 90 days’ interest if you don’t give notice in time.
  • Pro-rata Interest: You may pay interest from when the figures are issued until the bond is actually cancelled.
  • Insurance Adjustments: If your home or life cover was linked to your bond repayments, you’ll need to shift those premiums to a normal account to avoid losing cover.

Common Pitfalls to Watch Out For

Cancelling your bond should be straightforward, but here are the mistakes that trip people up:

  • Forgetting the 90-day notice: This is the big one. It can cost you thousands in unnecessary penalty fees.
  • Thinking “paid off” means “cancelled”: The bond sits on your title deed until formally removed.
  • Insurance lapses: If your bank handled your home or life insurance, double-check that cover continues after cancellation.
  • Slow Deeds Office turnaround: Registration can take weeks, sometimes longer if there’s a backlog.

Quick FAQ

How long does it take?
Typically 6–8 weeks, depending on the Deeds Office.

Can I choose my own attorney?
No, the bank appoints their own cancellation attorney.

Can the penalty fee be waived?
Sometimes, if you’re moving your bond to another property with the same bank. Otherwise, not really.


Final Tip

If you’re planning to sell—or you’ve just finished paying off your home—get your bond cancellation notice in early. It’s the simplest way to avoid paying extra, and it makes the transfer or payout process much smoother.

Cancelling your bond isn’t complicated, but it can be costly if you don’t know the steps. With a little planning, you can avoid penalties, keep your insurance cover intact, and walk away with a property that’s truly yours—no strings attached.

If you know of anyone who is thinking of selling or buying property in Cape Town, please call me

Lake Properties 

083 624 7129 

www.lakeproperties.co.za 

info@lakeproperties.co.za 

Saturday, 30 August 2025

Is there any other alternative financing options when buying a house or must you go through the bank

Lake Properties                   Lake Properties

Lake Properties                    Lake Properties

Let’s go into more detail and compare the main alternative financing options to a normal bank bond when buying a house in South Africa:


⚖️ Alternative Financing Options for Buying a House

1. Bank Bond (Traditional Mortgage) – The Benchmark

  • How it works: You borrow from a bank, repay in monthly instalments (usually 20–30 years), and the property is registered in your name immediately.
  • Advantages:
    • Long repayment term = lower monthly instalments.
    • Interest rates usually lower than private lending.
    • Property is legally yours from day one.
  • Disadvantages:
    • Strict credit checks and affordability requirements.
    • Requires a good credit record and often a deposit.
    • Can take time for approval.

2. Instalment Sale (Seller Financing)

  • How it works: Buyer pays the seller directly in monthly instalments over an agreed term (regulated by the Alienation of Land Act 68 of 1981). Title only transfers once full amount is paid.
  • Advantages:
    • No bank approval needed.
    • Can be flexible with interest and repayment terms.
    • Helps buyers who don’t qualify for a bond.
  • Disadvantages:
    • Buyer does not get the title deed until full payment is made.
    • Higher risk of losing the property if you default.
    • Must be properly registered with the Deeds Office to be legal.

3. Rent-to-Own / Hire Purchase

  • How it works: You rent the property for a fixed period with an option to buy later. Part of your rent may go towards the purchase price.
  • Advantages:
    • Try before you buy.
    • Time to improve credit before final purchase.
    • No big upfront deposit in many cases.
  • Disadvantages:
    • Usually more expensive than buying outright.
    • If you don’t exercise the option, you lose the extra payments.
    • Still need finance at the end to complete the purchase.

4. Private Lenders / Investors (Hard Money Loans)

  • How it works: Borrow money from individuals, companies, or investment groups rather than a bank.
  • Advantages:
    • Flexible terms compared to banks.
    • Faster approval, less paperwork.
  • Disadvantages:
    • Much higher interest rates.
    • Shorter repayment periods.
    • Risk of losing property quickly if you default.

5. Pension/Retirement Fund Loans

  • How it works: Some retirement funds allow you to use your retirement savings as security for a housing loan.
  • Advantages:
    • Lower interest (linked to prime).
    • No need for traditional bank credit approval.
    • Keeps repayment “in-house” within your fund.
  • Disadvantages:
    • Reduces your retirement savings until repaid.
    • Not all pension funds allow this option.
    • Still must be paid back in full before leaving employment.

6. Government Housing Assistance – FLISP Subsidy

  • How it works: The government gives a subsidy to first-time buyers earning between R3,501 – R22,000/month. It reduces the size of your bond or deposit.
  • Advantages:
    • Reduces your monthly repayment significantly.
    • Helps lower- to middle-income households afford property.
  • Disadvantages:
    • Only for first-time buyers.
    • You must still qualify for a bond (subsidy works with the bank).

7. Developer Finance / In-House Loans

  • How it works: Some property developers offer their own financing schemes for buyers in their developments.
  • Advantages:
    • Flexible terms, sometimes no deposit.
    • Easier for first-time buyers.
  • Disadvantages:
    • Limited to certain developments.
    • Often more expensive than a bank bond.

8. Partnerships / Co-ownership

  • How it works: Two or more people pool resources to buy a property together.
  • Advantages:
    • Easier affordability (split costs).
    • Good for investment properties.
  • Disadvantages:
    • Risk of disputes between partners.
    • Requires a legal co-ownership agreement.

📊 Comparison Table

Financing Option Ownership Registered Immediately? Credit Check? Cost (Interest/Fees) Risk Level Best For
Bank Bond ✅ Yes ✅ Strict 💲 Normal/Lowest 🔹 Low Buyers with good credit
Instalment Sale ❌ No (until full payment) ❌ Flexible 💲 Medium 🔴 Higher Buyers who don’t qualify for a bond
Rent-to-Own ❌ No (until end of term) ❌ Flexible 💲 Higher 🔴 Higher Buyers building credit while renting
Private Lenders ✅ Yes (but lender may hold security) ❌ Easy 💲 Very High 🔴 High Urgent buyers / those rejected by banks
Pension Fund Loan ✅ Yes ❌ Limited 💲 Low/Medium 🔹 Medium Employees with strong pension fund
FLISP Subsidy ✅ Yes ✅ Yes 💲 Reduces bond 🔹 Low First-time low-income buyers
Developer Finance ✅ Yes ❌ Flexible 💲 Medium/High 🔹 Medium First-time buyers in new developments
Partnership/Co-Own ✅ Yes ✅ Shared 💲 Depends 🔹 Medium Families, friends, investors

✅ In short:

  • If you qualify for a bond, it’s still the safest and cheapest option.
  • If you don’t qualify, instalment sale, rent-to-own, or pension fund loans may be your way in.
  • If you’re a first-time buyer, check if you qualify for FLISP before anything else.

Lake Properties                       Lake Properties

Friday, 29 August 2025

Neighbourhood Spotlight on Plumstead

Lake Properties                      Lake Properties      

Lake Properties                    Lake Properties

If you’re looking for a suburb that’s family-friendly, well-connected, and still reasonably priced compared to its neighbours, Plumstead should definitely be on your radar. Tucked between Wynberg and Constantia, it offers a relaxed lifestyle without losing easy access to the city or the Southern Suburbs’ best schools.


🎓 Schools Around Plumstead

One of Plumstead’s biggest drawcards is its access to good schools. Families are spoiled for choice: John Graham Primary, Timour Hall Primary, and Plumstead High are all right in the area. For those willing to drive a few minutes, you’ve also got Wynberg Boys and Wynberg Girls—two of Cape Town’s top-performing schools.

For parents, this means school runs are short and convenient, and you don’t need to live right in Constantia or Claremont to give your kids a quality education.


🚇 Getting Around

Commuters will love Plumstead’s location. It sits neatly between the M3 and M5 highways, which makes heading into town, the airport, or even the False Bay coastline pretty painless. Public transport is decent too, with Plumstead train station and taxis running along the busy Main Road.

Shopping is easy—Pick n Pay, Checkers, and small local shops are dotted along Main Road. And if you’re in the mood for something more upmarket, Constantia Village is just 10–15 minutes away.


☕ Lifestyle and Local Favourites

Plumstead isn’t flashy, but that’s exactly its charm—it’s laid-back and community-driven. You’ll see kids riding bikes, families walking their dogs, and neighbours greeting each other at the park.

  • For coffee and cake: Four & Twenty in nearby Wynberg Chelsea is a local favourite.
  • For green space: Keurboom Park is perfect for family outings and dog walks.
  • For weekends: You’re spoiled—Tokai forest for a walk, Constantia wine farms for a long lunch, or Muizenberg beach for a quick surf.

💰 Property Prices in Plumstead (2025 Snapshot)

Here’s the part most buyers are waiting for: what does it cost to live here?

  • Townhouses & apartments: From around R1.2m to R2.5m
  • Family homes: Generally between R2.5m and R4.5m

Compared to Claremont and Newlands, Plumstead gives you more house for your money. It’s one of the reasons young families and first-time buyers love it—plus retirees looking to downscale find it appealing too.


📈 Where the Market is Heading

Plumstead has seen steady growth over the past few years. As prices in Claremont and Newlands climb higher, more buyers are turning their attention here. Well-renovated homes, especially those close to schools and parks, are in demand and tend to sell quickly.

Rental demand is also strong, particularly from young professionals who want a quiet suburb but still need good access to the city.


🌟 Why People Choose Plumstead

What people love:
✅ More affordable than neighbouring suburbs
✅ Lots of schools nearby
✅ Quiet, leafy streets with a real community feel
✅ Easy access to highways and transport

What’s not so perfect:
❌ Main Road traffic can get hectic
❌ Stands are smaller than in Constantia
❌ If you want nightlife, you’ll need to head to Claremont or the city


🔑 Agent’s Tip

I often tell my clients: Plumstead is the sweet spot if you want the lifestyle of the Southern Suburbs without Constantia prices. Homes close to Wynberg or near Keurboom Park usually attract the most interest—so if you see one pop up, don’t wait too long.


📞 Thinking of Buying in Plumstead?

If Plumstead sounds like it could be home, I’d be happy to show you around or send you the latest listings before they hit the big property websites. Get in touch, and let’s find the right fit for you.

Lake Properties                      Lake Properties

Thursday, 28 August 2025

Can a offer be purchase accepted verbally or must it it be writing

Lake Properties                       Lake Properties

Lake Properties                     Lake Properties

Let me break it down for you in more detail:

1. The Legal Requirement

  • In South Africa, the Alienation of Land Act 68 of 1981 states that any agreement for the sale of immovable property (land, house, flat, etc.) must be in writing and signed by both parties.
  • This law overrides any verbal agreement. Even if both buyer and seller verbally agree on the price and terms, it is not legally enforceable unless reduced to writing.

2. Why Verbal Acceptance Is Not Binding

  • No proof: A verbal acceptance leaves no physical evidence. If a dispute arises, neither party can prove what was agreed.
  • Risk of misunderstanding: Important details like occupation date, deposit, fixtures, and suspensive conditions (e.g., subject to bond approval) might be left out.
  • Easy to dispute: Either party could later deny having agreed.

3. Why Writing Protects Both Buyer and Seller

For the Buyer

  • Guarantees that the seller cannot change the agreed purchase price later.
  • Ensures all terms (deposit, bond finance, transfer costs, etc.) are clear.
  • Provides a binding document that attorneys can use to register the transfer of the property.

For the Seller

  • Ensures the buyer cannot walk away without consequences (e.g., forfeiting deposit).
  • Protects against claims that different terms were agreed.
  • Provides certainty on timelines (transfer, occupation, occupational rent, etc.).

4. Practical Example

  • Imagine a buyer offers R1,000,000 verbally, and the seller says “I accept.” Later, the seller gets another offer for R1,100,000. Because the first deal was only verbal, the seller is free to accept the higher written offer, and the first buyer has no legal claim.

  • On the other hand, if the agreement was in writing and signed, the seller would be legally bound to the first offer, and the buyer could enforce the sale in court if necessary.


In summary:

  • An offer to purchase must always be in writing.
  • Verbal acceptance has no legal force in property sales.
  • Written agreements protect both sides and ensure the property transfer process can go ahead legally.

Lake Properties                     Lake Properties

Why is date of acceptance very important in an offer to purchase


Lake Properties                      Lake Properties

Lake Properties                      Lake Properties

The date of acceptance in an Offer to Purchase (OTP) is extremely important because it determines when the agreement becomes legally binding on both buyer and seller. Here’s why:

1. Contract Formation

  • An OTP is only an offer until the seller signs and accepts it.
  • The contract is not binding until the seller accepts and dates it.
  • The date of acceptance marks the official start of the agreement.

2. Suspensive Conditions

  • Many OTPs include suspensive conditions (e.g., buyer must obtain bond approval within 30 days).
  • These time periods usually start running from the date of acceptance, not from when the buyer signed.

3. Deadlines and Timelines

  • Transfer process steps, bond approval, deposit payments, compliance certificates, and occupation dates are all calculated from acceptance date.
  • Without the date, there could be disputes over whether a deadline has been met.

4. Legal Certainty

  • The acceptance date removes any doubt about when the agreement took effect.
  • If not clearly recorded, either party could argue about timelines or even claim the contract never became valid.

5. Risk and Possession

  • The date of acceptance is the point at which the buyer becomes bound to purchase and the seller becomes bound to sell.
  • It also establishes when risk and benefit arrangements in the OTP begin to apply.

In short: The date of acceptance is the anchor date that ensures the contract is valid, timelines are enforceable, and both parties know their obligations clearly.

Lake Properties                   Lake Properties

Tuesday, 26 August 2025

What is a "PROBLEM Building.Why is referred to as a problem property and what can be done to solve the situation


Lake Properties                     Lake Properties

Lake Properties                    Lake Properties

A problem building (or problem property) is basically any property that is seen as undesirable, risky, or difficult to deal with in the property market. It can cause stress for the owner, be avoided by buyers, and often sells for less than its potential value.


🔹 Why It’s Called a Problem Building

It is referred to as a problem property because it creates barriers to either:

  • Ownership (hard to sell, transfer, or finance),
  • Occupation (unsafe, illegal, or unattractive for tenants), or
  • Profitability (expensive to maintain, not generating good returns).

Some common categories of problems:

1. Structural / Physical Problems

  • Foundation cracks, damp, leaking roofs, collapsing walls.
  • Old or neglected plumbing and electrical wiring.
  • Buildings not maintained for years, creating health and safety risks.

💡 Example: A block of flats with broken lifts and unsafe fire escapes is considered a problem property for both tenants and the municipality.


2. Legal / Compliance Problems

  • Building plans not approved by the municipality.
  • Zoning violations (e.g., using residential property for business without consent).
  • Illegal extensions or extra units built without approval.
  • Ongoing litigation (disputes about ownership, inheritance, boundary lines).

💡 Example: A property advertised with “extra rental rooms” built in the backyard without plans – banks may refuse to finance it, making it a problem property.


3. Financial Problems

  • Owner owes large arrears in rates, levies, or taxes.
  • Mortgage bond in distress or under foreclosure.
  • High running costs with little income (negative cash flow).
  • Overpriced compared to similar properties in the area.

💡 Example: An apartment where levies have not been paid for years – the new buyer inherits the debt, so many buyers walk away.


4. Location Problems

  • Situated in an area with high crime, poor services, or no development.
  • Close to noisy industries, sewage plants, or highways.
  • Neighborhood reputation puts off buyers and banks.

💡 Example: Even a good house can be a problem property if it’s in a declining inner-city zone.


5. Occupancy / Tenant Problems

  • Illegal occupants or squatters (hard and expensive to evict).
  • Tenants who refuse to pay rent.
  • Rental units that stay empty due to unattractiveness of the property.

💡 Example: An investor buys a block of flats but finds that half the tenants don’t pay rent and won’t leave — this becomes a financial and legal headache.


6. Reputation / Stigma

  • Known as a “bad building” because of crime, drugs, or gang activity.
  • History of fires, structural collapse, or tragic events.
  • Once a building has a reputation, it can scare away banks, buyers, and tenants.

💡 Example: An old hotel converted into flats but taken over by criminal activity becomes a classic problem property.


🔹 What Can Be Done to Solve the Problem?

The solution depends on what type of problem the property faces.

✅ If the problem is structural:

  • Hire engineers/inspectors to assess damage.
  • Do renovations (roof repairs, rewiring, waterproofing).
  • Apply for compliance certificates (electrical, plumbing, gas).

✅ If the problem is legal:

  • Apply for rezoning or special consent.
  • Submit plans for approval to the municipality.
  • Resolve disputes through mediation or court.
  • Clear outstanding municipal debts before transfer.

✅ If the problem is financial:

  • Negotiate with banks to restructure the loan.
  • Reduce asking price to market-related value.
  • Sell to a cash buyer or property investor who takes on distressed properties.
  • Improve management of rentals to increase income.

✅ If the problem is location-related:

  • Invest in security, fencing, or landscaping.
  • Market property to buyers who see value (e.g. student housing near universities, industrial users near factories).
  • Join area renewal projects (City Improvement Districts).

✅ If the problem is tenant/occupancy-related:

  • Evict illegal occupants legally (through the courts).
  • Screen tenants carefully and enforce leases.
  • Use professional property managers to stabilize rentals.

✅ If the problem is reputation-related:

  • Rebrand the building (new name, fresh paint, marketing).
  • Improve lighting, security, and maintenance to restore confidence.
  • Highlight positive changes (e.g., “renovated and upgraded”).

🔹 Key Takeaway

A problem property is one that carries extra risks or costs, making it unattractive to buyers, tenants, or banks.
👉 The solution lies in identifying the root cause (structural, legal, financial, social) and then either fixing it or repositioning the property for a different market.

Lake Properties                     Lake Properties

Monday, 25 August 2025

What is an Instalment sale. Is it legal, how does it work, the advantages and disadvantages of an Instalment Sale over a traditional bond


Lake Properties                     Lake Properties


Lake Properties                      Lake Properties

Let’s go into more depth on each part, so you have a complete picture of how instalment sales work in South Africa and how they compare to a normal bank bond.


📘 Instalment Sales in South Africa – Full Explanation

1. Definition

An instalment sale of land is a transaction where:

  • A seller sells a property to a buyer.
  • Instead of paying the full purchase price upfront (usually via a bank bond), the buyer pays the price in monthly instalments over a fixed period.
  • Legal ownership remains with the seller until the buyer finishes paying, but the buyer is often given immediate occupation and use of the property.

This type of arrangement is especially common when a buyer cannot access traditional bank financing.


2. Legality in South Africa

Instalment sales are fully legal under the Alienation of Land Act, 68 of 1981, which sets out rules to protect both buyers and sellers:

  • The contract must be in writing and signed.
  • It must include the purchase price, deposit, interest rate, instalment details, and time frame.
  • If the agreement is longer than 1 year, it must be recorded in the Deeds Office where the property is situated.
  • The buyer has protection: if they fall behind, the seller must give them notice and a chance to catch up before cancelling.
  • The buyer has a statutory cooling-off right (5 days after signing, for properties under R250,000).

This ensures the deal is enforceable and prevents abuse.


3. How an Instalment Sale Works (Step by Step)

  1. Negotiation – Seller and buyer agree on a purchase price and terms.
  2. Contract Drafting – A lawyer/attorney drafts a written instalment sale agreement, complying with the Act.
  3. Deposit – Sometimes the buyer pays a deposit upfront, reducing the balance owed.
  4. Payments – The buyer pays monthly instalments, which may include:
    • Principal (purchase price portion)
    • Interest (agreed rate, often higher than banks)
    • Sometimes municipal rates/levies
  5. Occupation – Buyer may move in and use the property but does not yet hold the title deed.
  6. Recording – If over 12 months, the contract is filed at the Deeds Office for transparency.
  7. Final Payment – Once all instalments are paid, ownership is transferred, and the title deed is registered in the buyer’s name.

4. Advantages of Instalment Sale over a Bank Bond

For the Buyer

  • Easier access to property – Useful if you cannot qualify for bank finance.
  • Flexible terms – Payment structure, deposit, and interest are negotiable directly with seller.
  • Immediate occupation – Can live in or rent out the property while paying it off.
  • Lower upfront costs – Sometimes no transfer costs or bond registration fees until final transfer.
  • Bridge to bond – Some buyers use an instalment sale temporarily, then switch to a bank bond later.

For the Seller

  • More buyers – Attracts those excluded from the banking system.
  • Ongoing income – Seller earns interest on the balance, potentially higher than bank investments.
  • Faster sale – No bank approval delays.
  • Control of ownership – Seller keeps legal title until fully paid.

5. Disadvantages of Instalment Sale vs. Bank Bond

For the Buyer

  • Delayed ownership – No title deed until final payment.
  • Risk if seller defaults – If seller has a bond and doesn’t pay the bank, the property could be repossessed even if you are paying your instalments.
  • Higher costs – Seller may charge higher interest than banks.
  • Limited security – If agreement is not recorded in the Deeds Office, buyer risks losing rights if seller resells or is declared insolvent.
  • Long-term uncertainty – If property values rise, you benefit, but if they fall, you may be paying more than market value.

For the Seller

  • Delayed cash flow – Cannot access full purchase price upfront.
  • Default risk – If buyer stops paying, seller must go through legal cancellation and repossession.
  • Responsibility remains – If buyer doesn’t pay rates/levies, municipality may still chase the seller as legal owner.
  • Market risk – If the buyer defaults years later, the seller may get the property back in worse condition.

6. Comparison with a Normal Bank Bond

Feature Instalment Sale Normal Bank Bond
Ownership transfer After final payment Immediately after registration
Financing source Seller Bank
Interest rates Negotiable, often higher Prime-linked, usually lower
Legal protections Alienation of Land Act National Credit Act, bank foreclosure rules
Flexibility High (custom terms) Low (bank-determined)
Risk for buyer Seller default, delayed ownership If buyer defaults, bank repossesses
Risk for seller Buye7r default, late transfer Minimal (bank gets paid upfront)
Costs (upfront) Lower (no bond registration) Higher (bond registration, attorney fees)
Accessibility Good for buyers without bank approval Restricted to those who qualify for finance

Conclusion

An instalment sale is a legal and practical way to buy or sell property in South Africa without relying on a bank bond. It provides flexibility and opportunity for buyers who cannot access traditional finance and allows sellers to secure a sale while earning interest.

However, both sides carry risks:

  • Buyers face delayed ownership and exposure if the seller defaults.
  • Sellers face delayed payment and the possibility of buyer default.

Because of these risks, it’s critical that instalment sales be properly drafted, registered at the Deeds Office, and guided by an experienced property attorney.

Lake Properties                       Lake Properties

Sunday, 24 August 2025

What is a bond,how does work and how long can you pay it off


Lake Properties                       Lake Properties

Lake Properties                       Lake Properties

A bond in property terms is basically a home loan that you get from a bank or financial institution to buy a house. Since most people don’t have the full purchase price of a property in cash, they borrow the money and then pay it back over time with interest.

Here’s how it works:

1. How a bond works

  • You apply to a bank for a home loan.
  • The bank assesses your income, expenses, credit record, and affordability.
  • If approved, the bank lends you the money to pay the seller of the house.
  • You then repay the bank monthly until the loan is fully settled.

2. What you pay for

  • Capital – the actual amount you borrowed.
  • Interest – the cost of borrowing, usually linked to the prime lending rate.
  • Fees/Insurance – sometimes banks include administration fees and require you to have home insurance.

3. How long you can pay it off

  • In South Africa, the standard repayment term is 20 years (240 months).
  • Some banks allow shorter terms (e.g., 10 or 15 years) if you want to pay it off quicker.
  • In certain cases, a bank might approve up to 30 years, but this is less common.

4. Flexibility

  • You can pay extra into your bond whenever you want – this reduces the interest and helps you pay it off faster.
  • If you struggle financially, some bonds offer options like payment holidays or restructuring, but these usually extend your repayment term and cost more in the long run.

👉 In short: A bond is a loan to buy property. The bank pays the seller, and you repay the bank monthly over 20–30 years, covering both the loan and interest.

Lake Properties                       Lake Properties

Friday, 22 August 2025

On the day my bond is paid up.What do I do now let it lay at the bank or do I collect it from the bank

Lake Properties                     Lake Properties

Lake Properties                      Lake Properties

Let’s go deeper and break it down clearly step by step for South Africa:


✅ What Happens When Your Bond Is Paid Up

When you’ve paid your last instalment, the bank will issue a bond paid-up letter confirming the account has a zero balance. But that doesn’t mean the bond is automatically cancelled at the Deeds Office — the bond remains registered against your property until you take the next step.


🔑 Your Options

Option 1: Leave the Bond at the Bank

  • The bank keeps the bond registered at the Deeds Office.
  • Your title deed remains with the bank (in digital storage since SA went paperless in 2019, but you can still get a copy).
  • You don’t owe anything, but the property is still “encumbered.”
  • You’ll continue paying a small admin fee (usually R50–R80 per month).
  • Benefit: If you want another loan in future (like a further bond or access facility), it’s faster and easier since the bond is already in place.

Option 2: Cancel the Bond (Recommended for most homeowners)

Here’s how it works:

  1. Request cancellation from the bank

    • Contact your bank and tell them you want to cancel the bond.
    • They will issue a “Consent to Cancel” to a conveyancing attorney.
  2. Attorney appointment

    • Only a conveyancer can lodge the cancellation at the Deeds Office.
    • You can choose your own attorney or let the bank appoint one.
  3. Documents required

    • Paid-up letter from the bank.
    • Bond account number.
    • Your ID and property details.
  4. Deeds Office process

    • The attorney lodges the cancellation documents at the Deeds Office.
    • The Deeds Office updates the records, removing the bank’s name.
    • Your property becomes “unencumbered” (100% yours).
  5. Costs involved

    • Attorney fee: usually around R3,000 – R5,000 (depends on attorney scale).
    • Deeds Office fee: a few hundred rand.
    • These costs are for your account, not the bank’s.
  6. After cancellation

    • The bond account is closed permanently.
    • No more monthly admin fees.
    • You can request an e-title deed copy for your records.

⚖️ Which Should You Choose?

  • If you want your property to be free and clearCancel the bond.
  • If you want to keep the option of borrowing quickly against it → Leave it open (but you’ll pay small ongoing fees).

👉 A good rule of thumb: If you’re not planning to borrow again within the next year or two, it’s better to cancel and save money long-term.

Lake Properties                      Lake Properties

Thursday, 21 August 2025

What must you do if you know that you are going to miss a bond instalment

Lake Properties                       Lake Properties

Lake Properties                       Lake Properties

Perfect, let’s go step by step and go deeper into what happens in South Africa if you miss bond instalments 👇


🔎 What Happens If You Miss a Bond Payment?

First missed payment (0–30 days late)

  • The bank’s system flags your account as in arrears.
  • You’ll get an SMS, email, or phone call from the collections team.
  • The bank might charge a late payment fee + interest on the arrears.
  • Best move: Pay as soon as possible, or contact the bank to make an arrangement.

Second month missed (30–60 days late)

  • You’re now 2 months in arrears.
  • The bank will start calling more urgently and may send written notices.
  • If you still don’t pay, they may block access to further facilities (like redraws or credit cards if linked).
  • Risk: Your credit record is now at risk of being negatively affected.

Third month missed (60–90 days late)

  • You’re now seriously in default.
  • The bank can issue a Section 129 Notice (National Credit Act).
    • This is a legal letter saying you are in breach of your home loan agreement.
    • It warns that if you don’t settle or make arrangements, they can start legal action.
  • At this stage you still have the right to:
    • Reinstate the bond by paying the arrears.
    • Negotiate repayment arrangements.
    • Enter debt review (through a registered debt counsellor).

90+ days late (legal stage begins)

  • If you ignore the Section 129 notice, the bank can:
    1. Summon you to court for repossession.
    2. Ask the court for a judgment and a writ of execution (to attach your property).
    3. The sheriff of the court can then put your house up for sale in execution (public auction).

⚠️ Important: Even if the house is sold, if the auction price doesn’t cover your bond, you are still liable for the shortfall.


🛡️ How to Protect Yourself

  1. Talk to your bank early — don’t wait until month 3.
  2. Ask for payment restructuring:
    • Extend your loan term to lower instalments.
    • Pay only interest for a period.
    • Get a short “payment holiday.”
  3. Apply for debt review before legal action if your finances are tight overall.
  4. Sell the property voluntarily if you know you cannot recover — you’ll get a better price than a bank auction.

⚖️ Timeline Summary

  • 1 month missed: Small fees + warning.
  • 2 months missed: Collections intensify, credit score at risk.
  • 3 months missed: Section 129 notice, legal threat.
  • 3–6 months missed: Bank can go to court → repossession.

👉 In short: Missing 1 payment isn’t the end of the world if you act fast. But missing 3+ payments without communication can put your house at serious risk.

Lake Properties                       Lake Properties

Why does the buyer have 24 hours to substitute himself for a new buyer

Lake Properties                       Lake Properties

Lake Properties                      Lake Properties  
Let’s go deeper, because substitution clauses and cessions of rights are similar in purpose (changing the buyer) but legally very different in how they work.

1. 🔄 Substitution Clause (usually with 24 hours)

📌 How it works:

  • Written into the Offer to Purchase (OTP).
  • Buyer signs as “Purchaser”, but the clause allows them to nominate/substitute another party within a set time (commonly 24–48 hours).
  • If they exercise that right, the substituted party is treated as if they were the original buyer from day one.

✅ Advantages:

  • No fresh contract — the substituted buyer simply steps in under the same OTP.
  • Direct transfer — property goes straight from seller to the substituted buyer.
  • No double transfer duty — SARS sees only one buyer.
  • Clean process — no extra agreements beyond the written notice of substitution.

❌ Limitations:

  • Must be done within the time stated (often 24 hours).
  • If missed, the original buyer remains locked in as the purchaser.
  • Substitution is only valid if the clause exists in the OTP. Without it, the buyer cannot substitute directly.

2. 📜 Cession of Rights (used after the 24 hours lapse)

📌 How it works:

  • Buyer has already become the contracting purchaser under the OTP.
  • If they now want another person/company to take over, they must sign a cession agreement with that person, and the seller must give written consent.
  • The new party takes over the buyer’s rights and obligations under the OTP.

✅ Advantages:

  • Can be done after the 24-hour period, sometimes weeks or months later (as long as transfer hasn’t been registered).
  • Still allows the new buyer to get direct transfer from the seller (avoiding a double transfer).

❌ Limitations:

  • Needs seller consent — the seller can refuse.
  • Usually involves extra legal costs (the conveyancer must draft and register the cession).
  • If not properly handled, SARS could treat it as two transactions (possible risk of double duty).

3. 📌 Key Differences

Feature Substitution Clause Cession of Rights
Where it comes from Written in OTP Separate agreement drafted later
Timing Usually must be exercised within 24–48 hrs Can be done any time before transfer
Consent needed Only buyer’s written nomination required Seller’s written consent required
Costs Minimal (just substitution notice) Additional legal costs
Transfer duty Paid once (clean) Paid once if properly handled; risk of double duty if not

4. ⚖️ Why the 24 Hours?

  • It forces the buyer to decide quickly whether they’re purchasing personally or through another entity (company, trust, spouse, etc.).
  • Prevents the seller from being left in limbo.
  • After that, substitution becomes more complicated and shifts into cession territory, which protects the seller but costs the buyer more.

In summary:

  • The substitution clause (24 hours) is a quick, contractual right built into the OTP.
  • If you miss it, you can still do a cession of rights, but it’s more complex, needs seller consent
Lake Properties                      Lake Properties


If you are building a new house do you use second hand materials to save money, or use new materials


Lake Properties                     Lake Properties

      
Lake Properties                      Lake Properties

Let’s go deeper and unpack this properly. Building a new house is usually your biggest lifetime investment, so the choice between second-hand vs. new materials needs careful thought.


🔹 1. Where Second-Hand Materials Can Work Well

Certain parts of a house are low-risk if you use reclaimed items, as long as they’re in good condition. These can help you save money without compromising safety:

  • Face Bricks or Paving: Second-hand clay bricks or paving blocks are durable and often weathered beautifully. Great for feature walls, garden paths, or driveways.
  • Solid Wood Doors: Old hardwood doors are often better quality than new pine ones. With sanding and varnishing, they look premium.
  • Windows & Frames: Aluminium windows can be reused if the glass and seals are intact, though fitting them may cost extra.
  • Tiles (Floor or Roof): If intact, roof tiles and ceramic floor tiles can be reused. However, they need careful inspection to avoid cracks or leaks.
  • Fixtures & Fittings: Bathtubs, sinks, taps, light fittings, and cabinets can often be salvaged, especially vintage ones.
  • Timber (Non-structural): Reclaimed wood works beautifully for built-in furniture, cladding, ceilings, or shelving — but not for structural beams unless certified.

💡 Tip: Always check for cracks, water damage, rot, or rust before reusing. Labour costs may increase because old materials take more time to fit properly.


🔹 2. Where You Should Always Use New Materials

Some components are too critical for safety, compliance, and durability — they must be new, SABS-approved, and under warranty:

  • Foundations & Concrete Work: Must meet engineering specs; using weak second-hand material risks collapse.
  • Roof Trusses & Structural Timber: Needs certification (SABS-approved); old wood can weaken and fail.
  • Electrical Wiring: Second-hand wiring is dangerous (fire risk). Always buy new, compliant with electrical codes.
  • Plumbing Pipes & Fittings: Old pipes can leak, rust, or contaminate water. Always install new.
  • Windows & Doors in External Walls: For security and insulation, better to buy new, sealed units.
  • Geysers & Appliances: Must be new for insurance and warranty coverage.
  • Waterproofing Materials: Roof sheeting, damp-proofing, flashing — reusing these almost always leads to leaks.

💡 Tip: Even if you save on these items upfront, the repair costs later (like water damage, rewiring, roof collapse) can be 5–10x higher than buying new.


🔹 3. Cost Comparison (Typical Example in SA)

Let’s say you’re building a 100 m² 3-bedroom home. Here’s what you might save:

Item New Material Cost Second-Hand Cost Notes
Face Bricks (10,000) R14,000 R7,000 Half-price, if cleaned & sorted
Wooden Doors (6) R9,000 R3,000 Salvaged hardwood, better than new pine
Aluminium Windows (8) R40,000 R18,000 May require custom fitting
Roof Tiles (4,000) R36,000 R15,000 Only if not cracked
Kitchen Sink & Fittings R6,000 R2,500 Vintage/second-hand stores
Electrical Wiring R15,000 ❌ Not safe Must be new
Plumbing Pipes R20,000 ❌ Not safe Must be new
Geyser R10,000 ❌ Not safe Must be new & insured

👉 Estimated Savings: About R50,000 – R70,000 on non-structural finishes.
👉 Risk: If you tried to reuse plumbing, wiring, or roofing structure, you could lose that savings — and more — in future repairs.


🔹 4. Resale Value Considerations

  • A home built with new materials is easier to resell — buyers and banks feel safer.
  • Too many visible second-hand finishes may make the house look “cheap” or unfinished unless done tastefully (e.g., reclaimed wood features, vintage doors).
  • If you’re building to flip or resell, stick mostly to new materials. If it’s your forever home, you can take more creative risks.

Bottom Line:

  • Use new materials for all structural, electrical, plumbing, and waterproofing.
  • Use second-hand for aesthetic finishes, decorative elements, and non-critical features.
  • The “hybrid” approach saves money and keeps your house safe, compliant, and valuable.

Lake Properties                       Lake Properties

Wednesday, 20 August 2025

How long give a buyer ,to do a due diligence report

Lake Properties                     Lake Properties

Lake Properties                    Lake Properties

Let’s dig deeper into how long you, as the seller, should give a buyer for due diligence, and why this period matters so much in a South African property sale.


1. What “due diligence” means in property sales

A due diligence period is the agreed time in which the buyer can investigate the property to confirm it’s suitable for their intended use and that there are no hidden legal, financial, or structural problems.
Depending on the type of property, this might include:

  • Legal checks – Title deed, servitudes, zoning rights, building plans, and compliance certificates.
  • Financial checks – Rates & taxes clearance, levies, utility accounts, outstanding debts.
  • Physical checks – Home inspection reports, pest control reports, land surveys.
  • Operational checks (commercial or investment property) – Lease agreements, tenant payment history, maintenance costs.

If the buyer finds something unacceptable during this period, they can usually walk away without penalties — if the contract allows for it.


2. How long sellers typically give

There is no fixed law that dictates the number of days. It’s a contractual matter. However:

  • Residential property: Usually 7–14 days.
  • Sectional title / complex / estate property: Often 14–21 days to allow time for body corporate or HOA documentation.
  • Commercial / agricultural property: Can be 30–60 days because investigations are more complex.

These are calendar days unless the OTP states “business days.”


3. Why you shouldn’t give too long a period

If you allow a very long due diligence period (e.g., 60 days for a normal house), the buyer may:

  • Tie up your property while still “shopping around.”
  • Withdraw at the last minute, leaving you back at square one.
  • Delay your own purchase plans.

Tip: Keep the period just long enough for realistic checks, but short enough to prevent stalling.


4. How the due diligence clause should protect you

A good clause in the Offer to Purchase should specify:

  1. Exact time limit – e.g., “The purchaser shall have 14 (fourteen) calendar days from the date of acceptance of this offer to conduct due diligence.”
  2. Scope – State exactly what the buyer may check (so they don’t claim later they needed “extra” time for something unrelated).
  3. Outcome – Require written notice if the buyer wants to cancel based on the results. Silence after the deadline should mean the sale goes ahead automatically.
  4. Extension process – State that any extension must be in writing and agreed by both parties.

5. Practical seller’s strategy

  • Short period first – e.g., 10–14 days.
  • FRoom for extension – Be willing to add 3–7 days if there’s a legitimate reason (like municipal delays), but only in writing.
  • Monitor progress – Ask your agent or conveyancer to check in with qd waà buyer during the period stop ŕyou’re not caught 
  • What upgrades add no valuwe to your house in x

Monday, 18 August 2025

How can you incorporate "green materials "in your new house

Lake Properties                       Lake Properties

Lake Properties                      Lake Properties

Building with green materials isn’t just about picking eco-friendly products; it’s about creating a holistic, sustainable home that saves money in the long run, reduces your environmental footprint, and provides healthier living conditions. Here’s a more detailed breakdown, with examples relevant to South Africa:


🔹 Step 1: Structure & Foundations

  • Recycled concrete & fly ash: Instead of traditional cement (a high CO₂ emitter), use mixes that include fly ash or slag. These reduce carbon emissions while maintaining strength.
  • Sustainably sourced timber: Use FSC-certified pine or eucalyptus grown in SA’s managed forests.
  • Bamboo beams/panels: Import or source locally where available – bamboo grows extremely fast and stores carbon.

👉 Benefit: Durable, lowers environmental impact from cement and deforestation.


🔹 Step 2: Walls & Insulation

  • Eco-bricks (plastic bottles filled with waste) can be used in non-structural walls to recycle waste.
  • Hempcrete: A hemp-lime mix for walls – it insulates, breathes, and locks in CO₂.
  • Natural insulation: Recycled denim, sheep’s wool (locally available in SA), or cellulose from old newspapers.

👉 Benefit: Lower heating and cooling costs, better indoor comfort.


🔹 Step 3: Roofing

  • Cool metal roofing: Reflects sunlight and reduces cooling needs.
  • Clay tiles: Locally made, natural, and long-lasting.
  • Green roof: A planted rooftop – helps regulate temperature, filters rainwater, and adds biodiversity.

👉 Benefit: Energy savings + stormwater control.


🔹 Step 4: Windows & Doors

  • Double-glazed windows: Keeps heat out in summer and in during winter.
  • Low-E glass: Cuts UV and heat gain.
  • Reclaimed timber doors: Adds character, avoids cutting down new trees.

👉 Benefit: Reduced need for air conditioning/heating.


🔹 Step 5: Interior Finishes

  • Flooring:
    • Bamboo (renewable, stylish)
    • Reclaimed wood (saves forests, unique finish)
    • Recycled tiles/glass
  • Paints & finishes:
    • Low-VOC paints improve air quality (no toxic fumes).
    • Natural sealants like beeswax or linseed oil.

👉 Benefit: Healthier indoor air, reduced chemical exposure.


🔹 Step 6: Plumbing & Water Use

  • Greywater recycling: Use shower/bath/sink water for flushing toilets or garden irrigation.
  • Rainwater harvesting: Storage tanks (JoJo tanks are popular in SA, often partly made from recycled materials).
  • Water-efficient fittings: Dual-flush toilets, aerators on taps, and low-flow showerheads.

👉 Benefit: Lower water bills, resilience during water shortages.


🔹 Step 7: Energy Systems

  • Solar panels & solar geysers: SA has abundant sunshine – cut down on Eskom reliance.
  • Battery storage: Lithium batteries can be paired with solar (some use recycled components).
  • Smart home systems: Automated lighting, thermostats, and appliances reduce waste.

👉 Benefit: Long-term cost savings, energy independence.


🔹 Step 8: Outdoor Spaces

  • Composite decking: Made from recycled wood & plastics.
  • Permeable paving: Allows rain to filter back into the ground, reducing flooding.
  • Sustainable landscaping: Indigenous, drought-resistant plants (fynbos, aloes, succulents) reduce water needs.

👉 Benefit: Low maintenance, environmentally friendly.


🔹 Step 9: Choosing Certified Green Materials

Look for labels & certifications:

  • FSC – sustainable timber.
  • SANS 10400-XA – South African standard for energy efficiency in buildings.
  • GreenTag or EcoStandard – eco-labels for verified green building products in SA.

Big Picture:
By using green materials in your new home:

  • You save on long-term running costs (energy, water, maintenance).
  • Your house has a higher resale value – buyers increasingly want eco-friendly homes.
  • You reduce your carbon footprint and improve your family’s health. 
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