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Category Archives: Extras

Extra information that you, as the reader, might find interesting.

Estate Agent focussed Workshop

Shirley Baillie and Meyer de Waal, both well-known on the sectional title environment and Government Subsidies to purchase a property will co-host a workshop focussed to provide information to practising estate agents.

Meyer will focus in how to boost and improve sales with access to Flip subsidies and Shirley on Sectional Title matters.

The workshops will be held on the following days:

• Mowbray 27/28 August
• Blouberg 1/2 September
• Somerset West – Middle September

Says Shirley

Agents selling Sectional Title need to be knowledgeable and familiar with the intricacies of the Sectional Titles Act, its Prescribed Rules, as well as the Conduct Rules of the individual Body Corporate, in order to minimise the risk of being held responsible, e.g., for creating the wrong impression by failing to correct a possible misapprehension on the part of a buyer in terms of the Consumer Protection Act (see below for the relevant clauses).

Since the CPA has been in existence for a couple of years, the public is becoming much more aware of their rights. Cases are starting to appear and lawyers are longing to make a name in this relatively new area of law. Estate Agents are “sitting ducks” for claims.

It is so easy for an Estate Agent to make a mistake if he/she is not aware of the possible pitfalls, or where to find information. As a result, deals get held up with the conveyancer or at the Deeds office frustrating the seller and buyer and doing damage to the Agent’s reputation and cash flow!

So having a sound working knowledge of the Sectional Titles Act is what is needed for Estate Agents who are serious about making a good living in this very fast growing section of property sales.

AN INTRODUCTION TO THE SECTIONAL TITLES ACT
TRAINING COURSE
especially for
ESTATE AGENTS WHO SELL SECTIONAL TITLE

This two- morning interactive, training course gives a good understanding of the Sectional Titles Act, introducing & explaining the clauses most relevant to sectional title sales. It makes sectional title understandable, offers many examples and is presented by Shirley Baillie who has been involved in Sectional Title, in many different capacities, for 30 years.
The cost per person is R1500 (no vat) bulk & early bird discounts available!

This will assist with:
• increasing your level of professionalism
• reducing your risk of falling short of the CPA
• minimising problems relating to transfers
• building up your credibility in the S T market
• empowering yourself
• increasing your confidence & understanding of ST complexities

The topics include:
• The background to Sectional Title
• What you own when invest in Sectional Title
• Comparisons between Home Owners and Sectional Title
• Plans & Title Deeds – the important of the information thereon
• The intricacies of Common Property including Exclusive use areas
• The functions and responsibilities of Key Role Players
• How do ST rules relate to tenants
• Managed versus self-managed complexes
• Key aspects of the finances
• Alterations, maintenance and use of sections
• The relevance of The Rules
• Insurance values versus market and municipal values
• Creating awareness of possible pitfalls relating to the CPA

ALSO INCLUDED IN THE PRESENTATION IS AN OVERVIEW ON FINANCIAL FITNESS, presented by lawyer and entrepreneur, Meyer de Waal, designer of the two innovative products Financial Fitness and Rent2Buy which assists people in achieving their dreams of owning property. .Meyer will be giving an insight and understanding of how to assist your customers in accessing the first time home owner’s subsidy which is available from the Government, Great for assisting sales!
All of the above will assist in making more sales possible for YOU – especially with Sectional Title being the prime source of entry into the property market for first time owners.
Learn more, have the tools to assist people to achieve their goals, and you can only increase your earning capacity!
For more information –  sbaillie@worldonline.co.za

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Posted by on 13/08/2015 in Extras, Property

 

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COMPLETE COMPLIANCE SEMINAR

                                                           IN ASSOCIATION WITH

                                                 THE INSTITUTE FOR ESTATE AGENTS

IT’S A FACT- SERVICES RENDERED BY ESTATE AGENTS ARE GOVERNED BY THE CPA

There were many that were still arguing for the possibility of Estate Agents not being governed by the Consumer Protection Act (CPA). However, after attending the Complete Compliance Seminar, I think all doubts regarding this matter have diminished and the only thing left is to ensure that all services rendered by estate agents are in compliance with the CPA.

With presentations by:

  1. Dianne Brock and Annette Evans – The Institute for Estate Agents;
  2. Solly Molefe – Home Ownership Education;
  3. Buyile Nopote – A representative from the Western Cape Consumer Protector’s Office;
  4. Aubrey Mathope – A representative from the National Consumer Commission (NCC) – Custodians of the CPA;
  5. Stefan Le Roux – Legal Compliance for the Consumer
  6. Meyer de Waal- Complete Compliance using the Property Transaction Kit (PTK)

All experts within their respective fields, there is no doubt that all attendees, including various attorneys, estate agents and representatives from various bodies all left ‘being the wiser’.

 Some interesting information from the seminar:

  • “To ensure that your property transaction is in compliance with the CPA, we recommend using the PTK.”

INSTITUTE FOR ESTATE AGENTS

  • “There are about 54% of declined bond applications every year. We need to focus on these declined bond applications as this is where business lies- we need to recycle buyers, rehabilitate them so as to get them into positions where they are able to get loans.”

SOLLY MOLEFE OF HOME OWNERSHIP EDUCATION

  • A juristic person/entity is a consumer in terms of the CPA and is therefore subject to same, when its annual turnover is below R 2 million.”

AUBREY MATHOPE A REPRESENTATIVE FROM THE NATIONAL CONSUMER COMMISSION

  • “The CPA applies to transactions between the following:
    • Property developer – a consumer;
    • An individual – a consumer (in the ordinary course of business);
    • An individual – estate agent – consumer (in the ordinary course of business);

 But it is not applicable to a once-off transaction between:

    • An individual – estate agent – consumer”
    • However, the CPA is applicable to the services rendered by the estate agents.

AUBREY MATHOPE A REPRESENTATIVE FROM THE NATIONAL CONSUMER COMMISSION

  • “A recent court judgment provided that in determining whether a transaction was conducted within the ordinary course of business, one has to look at whether the underlying contract is used within the ordinary course of business within that specific industry.”

STEFAN LE ROUX- LEGAL COMPLIANCE FOR THE CONSUMER

Please take note that all the presentations from the seminar are available on the Property Transaction Kit (PTK) website:

http://www.propertytransactionkit.co.za/

 

 

 

 

 
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Posted by on 05/08/2011 in Extras

 

Oosthuizen & Co Meyer de Waal creating waves within South Africa

PROPERTY TRANSACTION KIT (PTK):

 

“COMPLETE COMPLIANCE” SEMINAR

From the 2nd of August 2011 until the 4th of August 2011, Meyer de Waal of Property Transaction Kit (PTK) in association with S.A. Home Loans, the Institute of Estate Agents of S.A. (Western Cape) and the Consumer Protector will be conducting seminars in various areas of theWestern Cape.

Attendants can expect presentations on the following:

  • Official view on the Consumer Protection Act (CPA) and property transactions, by a representative of the Consumer Protector’s offices;
  • Complete Compliance and disclosure of sales and documents for Buyers, Sellers and Agents, by Meyer de Waal (PTK);
  • What the finance institutions are looking at when they receive a home loan application, by Gustav Zwiegelaar (S A Home Loans);
  • What happens when a bond is declined?- can we save the deal?, by Solly Molefe CEA Setsmol Training ( Home Ownership Education for 2 major banks)

Due to the interesting and relevant nature of the above presentations, all three venues were 120% booked within 3 days and are all therefore full.

Congratulations to all those involved in putting these seminars together.

To our readers, we promise to provide you with a report on how the seminars go and other related, relevant information and/or news.

For more information on the PTK, click on the following link:

MY BUDGET FITNESS (MBF):

A huge congratulations to MBF- after 2 and 1/2 years of slaving away in trying to put all the structures required for the effective running of MBF, Rent2Buy and Mobile2Budget into place, things are starting to look up; all the hard labour and perseverance is paying off

MBF has been appointed by one ofSouth Africa’s prominent banks to assist with their declined bond applications. MBF will take these applicants, rehabilitate them and get them back to a position where they will be able to get their bond applications approved.

If you are having issues with your bond applications and/or want to manage your finances better, please do not hesitate to contact Meyer de Waal ( meyer@budgetfitness.co.za). Alternatively, take a look at the following websites for more information:

 

 
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Posted by on 25/07/2011 in Extras

 

A GREAT MAN

HAPPY BIRTHDAY MR NELSON MANDELA

from Oosthuizen & Co Meyer de Waal

 

“…As I sit in Qunu and grow as ancient as its hills, I will continue to entertain the hope that there has emerged a cadre of leaders in my own country and region, on my continent and in the world, which will not allow that any should be denied their freedom as we were; that any should be turned into refugees as we were; that any should be condemned to go hungry as we were; that any should be stripped of their human dignity as we were. …

Were all these hopes to translate into a realisable dream and not a nightmare to torment the soul of the aged, then will I, indeed, have peace and tranquillity. Then would history and the billions throughout the world proclaim that it was right that we dreamt and that we toiled to give life to a workable dream…”

quote from Mr Nelson Mandela’s address to the United Nations General Assembly, 21 September 1998

 
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Posted by on 18/07/2011 in Extras

 

Subscribing to our legal blog

FOR YOUR INFORMATION:

To all our clients and readers at large, if you would like to subscribe to our blog so as to receive email notifications when we add new material, please take note of the following:

At the bottom of every post, you will find a space provided where you can comment (leave a reply) – add your comment and within the provided areas, add your

  • name;
  • email address

and then click the ‘notify me of new posts’.

Alternatively,

  • click on the ‘About’ option;
  • scroll all the way down to the bottom of the page;
  • add your comment under ‘leave a reply‘;
  • within the provided areas, add your name, email address; and
  • click on the option ‘notify me of new posts’

We look forward to receiving your subscriptions.

 

 

 
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Posted by on 30/06/2011 in Extras

 

Consumer Protection Act and Property related news:

In ensuring that you, as our reader, is always kept up to date with new and interesting information, we promise to keep on directing you to interesting material.

Follow these links to GhostDigest (conveyancing news and views): http://www.ghostdigest.co.za/articles/property-24-10-65/53862

  • “Inflation up but interest rates steady
    The consumer inflation rate was higher than predicted, rising to 4,6% in May and up from 4,2% in April but economists have not yet revised predictions on a hike in interest rates by the Monetary Policy Committee of the South African Reserve Bank.”

http://www.ghostdigest.co.za/articles/residential-applicability/53858

  • The Consumer Protection Act and residential applicability.

http://www.ghostdigest.co.za/articles/effect-of-sequestration/53859

  • Effect of squestration

Enjoy the read.

 
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Posted by on 24/06/2011 in Extras

 

VAT ALERT: 20 JUNE 2011

VAT ALERT

20 JUNE 2011

PLEASE NOTE THAT THIS ARTICLE IS THE PRODUCT OF PRICEWATERHOUSECOOPERS (PwC) SOUTH AFRICA AND OOSTHUIZEN & CO MEYER DE WAAL HAS BEEN GRANTED PERMISSION TO POST IT.

VAT relief is in the pipeline for temporary rentals by property developers

 Property developers, who have no choice but to temporarily rent out their fixed properties due to the weak fixed property selling market, can look forward to temporarily VAT relief.

VAT implications of fixed property transactions

As property developers must charge output VAT on the sale of fixed properties developed by them, they may also deduct the VAT paid on building and construction costs as input VAT. Residential property lessors, on the other hand, do not charge output VAT, but may also not deduct input VAT.

If a property developer has developed a property for purposes of selling it (subject to 14% VAT), but subsequently makes a business decision to rather rent out the property (which will be exempt from VAT), he must make a change of use adjustment by accounting for output VAT on the market value of the property.

Temporary rentals

Due to the weak property market, many property developers cannot sell their properties and are forced to temporarily rent out the properties in an attempt to obtain cash inflows to cover their costs.

The view is held that a change of use adjustment is not required where the ultimate purpose remains to sell the property at a commercially viable price, but the property is merely temporarily rented out. SARS, however, requires property developers to make the change of use adjustment and account for output VAT in such a case.

Proposed relief

SARS has now realised that, to expect of developers to make a VAT change in use of adjustment when renting a property only temporarily, could force certain VAT developers into insolvency.

Draft legislation, therefore, proposes that temporary relief (until 2015) be granted to developers who rent residential fixed properties for a maximum period of 36 months before sale. If the vendor rents the property beyond the 36-month period, output VAT will be payable on the market value thereof at 36-month cut-off date. This will apply to any change in use (i.e. temporary rental) on or after the date of promulgation of the Amendment Act, but before 1 January 2015. SARS has stated that this is meant to be merely a short-term solution and that once all issues have been fully considered; a permanent solution will be introduced.

The proposed relief does not address the predicament of property developers who have already let their properties prior to the amendment coming into effect or have had SARS force them to account for the change in use. Those vendors would have to carefully consider their options to prevent unforeseen VAT costs from jeopardising the viability of their development.

Our team of indirect tax specialists is available to assist in this regard. Your contacts are listed below.

Region Contact Telephone Email

Eastern Cape Mornay Schafer (041) 391 4403 mornay.schafer@za.pwc.com

Free State,North West, Northern Cape Hettie Koekemoer (051) 503 4207 hettie.koekemoer@za.pwc.com

Gauteng- Johannesburg Gerard Soverall (011) 797 5004 gerard.soverall@za.pwc.com

Gauteng- Menlyn Bennie Botha (012) 429 0292 bennie.botha@za.pwc.com

Kwazulu Natal,Mpumalanga, Limpopo Chaya Lakhani (031) 271 2012 chaya.lakhani@za.pwc.com

Western Cape Charles deWet (021) 529 2377 charles.de.wet@za.pwc.com

This VAT Alert is provided by PricewaterhouseCoopers Tax Services (Pty) Ltd for information only, and does not constitute the provision of professional advice of any kind. The information provided herein should not be used as a substitute for consultation with professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all the pertinent facts relevant to your particular situation. No responsibility for loss occasioned to any person acting or refraining from acting as a result of using the information in the Tax Alert can be accepted by PricewaterhouseCoopers Tax Services (Pty) Ltd, PricewaterhouseCoopers Inc or any of the directors, partners, employees, sub-contractors or agents of PricewaterhouseCoopers Tax Services (Pty) Ltd, PricewaterhouseCoopers Inc or any other PwC entity. © 2010 PricewaterhouseCoopers (“PwC”), a South African firm, PwC is part of the PricewaterhouseCoopers International Limited (“PwCIL”) network that consists of separate and independent legal entities that do not act as agents of PwCIL or any other member firm, nor is PwCIL or the separate firms responsible or liable for the acts or omissions of each other in any way. No portion of this document may be reproduced by any process without the written permission of PwC.

 
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Posted by on 22/06/2011 in Extras