Beukes & Ferguson Inc.

17/07/2026

Buying a property before getting married (when marriage is on the books) can be an exciting milestone and a smart financial decision. Whether it's your first home or an investment property, taking this step before saying "I do" requires careful planning and open communication.
One of the first things to consider is ownership. Will the property remain solely in your name, or will your future spouse contribute financially? If both parties are involved, it's important to discuss how ownership and responsibilities will be shared.
It's also worth understanding how your country's marital property laws may affect assets owned before marriage. Depending on your marital regime or legal agreements, a property purchased before the wedding may be treated differently if the relationship ends. Seeking legal advice before making such a significant investment can help protect everyone's interests.
Finances are another key consideration. Be realistic about mortgage repayments, maintenance costs, insurance, and future expenses. If your partner will be moving into the property after marriage, have honest conversations about who will contribute to household costs and how those contributions will be managed.
Finally, remember that clear communication is just as important as financial planning. Discuss your long-term goals, expectations, and plans for the property. Having these conversations early can prevent misunderstandings later and help build a strong financial foundation for your future together.
Buying property before marriage can be a rewarding decision when approached thoughtfully. With the right planning, legal guidance, and open communication, you can protect your investment while starting your married life with confidence.

14/07/2026

10/07/2026

A signed Offer to Purchase (OTP) is a legally binding agreement, and both the buyer and seller are expected to fulfil their obligations. But what happens if the buyer fails to do so?
A breach occurs when the buyer does not comply with the terms of the agreement. Common examples include failing to pay the required deposit, not securing finance within the agreed timeframe, missing payment deadlines, or refusing to proceed with the transfer without a valid legal reason.
The agreement of sale will usually contain a breach clause that sets out the steps to be followed. In most cases, the seller must first give the buyer written notice of the breach and allow a specified period—often 7 to 14 days—to remedy the default.
If the buyer fails to correct the breach within the prescribed period, the seller may have several remedies available. These may include cancelling the agreement, retaining certain amounts where legally permitted, claiming damages suffered as a result of the breach, or, in some instances, enforcing the agreement through legal action.
It is important to note that a seller cannot simply cancel an agreement without following the procedures set out in the contract. Likewise, buyers should not assume they can walk away from a signed agreement without consequences.
Every property transaction is unique, and the legal remedies available will depend on the wording of the agreement and the specific circumstances. Obtaining legal advice as soon as a breach occurs can help protect your rights, minimise financial loss, and ensure the matter is handled in accordance with the law.

03/07/2026

Receiving multiple offers on your property is an exciting position to be in, but it also raises an important question: can you accept more than one offer?
The simple answer is no. Once a seller has accepted and signed an offer to purchase, and the buyer has also signed it, a legally binding agreement is created. The seller cannot then accept another offer in a ‘first to the finish line’ fashion.
However, while offers are still being considered, a seller is free to receive and negotiate multiple offers at the same time. This allows the seller to compare factors such as the purchase price, financing arrangements, occupation date, and any suspensive conditions before deciding which offer best meets their needs.
In some cases, sellers may request that buyers submit their "highest and best" offers by a specified deadline. This creates a fair process and can encourage stronger offers without committing to any purchaser prematurely.
It is important to remember that the highest offer is not always the best one. An offer with fewer conditions, a pre-approved home loan, or a quicker transfer timeline may provide greater certainty and reduce the risk of the sale falling through.
Furthermore, if an existing transaction is still subject to suspensive conditions, the seller may accept offers which is, in turn, subject to the cancellation of the preceding offer/s – make sure this is with the help of your conveyancer as the incorrect wording can land you in hot water.
Working closely with your estate agent and conveyancer will help you evaluate each offer carefully and ensure that the sale complies with South African property law. Taking the time to choose the strongest overall offer can lead to a smoother and more successful property transaction.

26/06/2026

When buying or selling property in South Africa, compliance certificates play an important role in ensuring that certain installations on a property meet legal and safety requirements. However, not all certificates are compulsory, and understanding the difference between mandatory and optional certificates can help both buyers and sellers avoid confusion.
Mandatory compliance certificates are required by law before a property transfer can be completed. The most common example is the Electrical Compliance Certificate (COC), which confirms that the property's electrical installation complies with national safety standards. Solar installations, if applicable, does not necessarily require a separate certificate, but must be expressly dealt with in the COC.

In some municipalities, additional certificates may be required, such as plumbing certificates or beetle certificates in specific coastal regions.
For properties with gas installations, a Gas Compliance Certificate is mandatory, while an Electric Fence Compliance Certificate is required if the property has an electric fence installed. These certificates provide assurance that the relevant systems are safe and legally compliant.
Optional compliance certificates are not legally required for transfer but may still be valuable. Examples include roof inspections, plumbing reports, damp assessments, and structural inspections. Buyers often request these reports to gain a better understanding of the property's condition before committing to the purchase.
While mandatory certificates focus on legal compliance and safety, optional certificates offer additional peace of mind and can help identify potential maintenance issues. Sellers who obtain optional inspections in advance may also strengthen buyer confidence and reduce the risk of disputes later in the transaction.
Understanding which certificates are legally required and which are discretionary can help ensure a smoother property transfer process and prevent unexpected delays or costs.

19/06/2026

A 𝐬𝐮𝐬𝐩𝐞𝐧𝐬𝐢𝐯𝐞 𝐜𝐨𝐧𝐝𝐢𝐭𝐢𝐨𝐧 is a condition that must be fulfilled before the agreement becomes fully enforceable. Until the condition is met, the rights and obligations arising from the contract are suspended. If the condition is not fulfilled within the stipulated time period, the agreement generally lapses and becomes unenforceable. A common example is a property sale made subject to the purchaser obtaining a home loan within a specified period. If the loan is not approved, the sale does not proceed.

Any 𝐨𝐭𝐡𝐞𝐫 𝐜𝐨𝐧𝐝𝐢𝐭𝐢𝐨𝐧, on the other hand, does not suspend the existence or enforceability of the contract. The agreement comes into effect immediately upon conclusion, and the parties are bound by its terms. The condition may regulate how certain obligations are performed or may affect future rights, but it does not prevent the contract from operating from the outset.

The key distinction is therefore that a suspensive condition delays the operation of the contract until a specified event occurs, whereas any other condition forms part of an already binding agreement. Understanding this difference is essential, as it determines when contractual obligations arise and whether the agreement remains valid if a particular event does not occur.

Be careful when you word conditions in an agreement – use of incorrect sentence structure may have legal consequences you may not wish for – consult a professional rather than taking a risk.

12/06/2026

An Offer to Purchase often contains suspensive conditions. These are specific requirements that must be fulfilled within a set timeframe before the sale becomes legally binding. Common examples include obtaining home loan approval, selling an existing property.
A suspensive condition protects the parties involved by ensuring that key requirements are met before the transaction proceeds. However, it is crucial to pay close attention to the deadlines attached to these conditions.
If a suspensive condition is not fulfilled by the agreed date, the sale agreement may automatically lapse, meaning the transaction is no longer valid or enforceable. In most cases, neither the buyer nor the seller is obliged to continue with the sale unless both parties agree to extend the deadline in writing before it expires.
For example, if a buyer is required to obtain bond approval within 30 days and fails to do so within that period, the agreement may fall away. The property can then be marketed to other potential buyers, and the purchaser may lose the opportunity to acquire the property.
To avoid complications, buyers should begin the bond application process as soon as possible and maintain regular communication with their bond originator, bank, estate agent, and conveyancer. If the conveyancer is appointed at signature stage, they (we) normally monitor deadlines to ensure the transaction remains on track.
Missing a suspensive condition deadline can have significant consequences, but proactive planning and timely communication can help prevent a promising property transaction from falling through