Frequently Asked Questions
Section 1: Conveyancing
What is Conveyancing?
It is the legal process whereby a person becomes the registered owner of immovable property or whereby an encumbrance, such as a mortgage bond, is registered against immovable property.
What is a Conveyancer?
A conveyancer is an attorney with an additional qualification in Property Law and the procedures of property registrations. Only qualified conveyancers may attend to the transfer of immovable property, the registration of mortgage bonds and related transactions.
What is an Agreement of Sale?
A written contract between the seller and purchaser that records the terms and conditions of the sale of a property. This is also referred to as a Deed of Sale.
What is a Mortgage Bond?
A mortgage bond is when a financial institution loans money to a purchaser to purchase immovable property. It will register a mortgage bond against that immovable property as security for that loan. The mortgage bond is registered in the Deeds Office against the title deed of the property.
What is a Suspensive Condition?
A Suspensive Condition is a clause in an Agreement of Sale, whereby the enforceability of the contract is made subject to the occurrence (or non-occurrence) of a future event; for example the granting of a loan for a specified amount before a specified date.
What is a Title Deed?
This is the legal document registered at the Deeds Office reflecting proof of ownership of immovable property by the registered homeowner.
What is the Process of Transferring Immovable Property?
Section 2: Litigation
I received a Summons/Notice of Motion/Letter of Demand, what do I do now?
The first thing to do is to immediately arrange a consultation with one of our attorneys and bring the document (as well as any other relevant material that you may have in your possession) with you to the consultation. A good rule of thumb is to set out your version of events in the form of a timeline so that you have a clear and concise story to relay to your attorney. This will assist him/her greatly in dealing effectively with your matter.
Will I be involved in the process?
Your attorney will provide you with a progress update at each stage/development in your matter. This is done in order to keep lines of communication open between our clients and ourselves. Where decisions need to be made, we will take instructions from you in order to make sure that you are satisfied with what is happening in your case.
How long does a court case usually take?
Unfortunately, there is never a simple, finite answer to this question. Your attorney may give you an estimation based on his experience in similar matters, but each matter is different. The subject matter, intensity of opposition and the availability of necessary information in your matter are just some of the factors that have a bearing on the time it will take to deal with effectively. You may, however, rest assured that your matter is receiving the attention and urgency that it deserves in order to bring it to an expedient and successful close.
Section 3: Tax
I received a Letter of Final Demand from SARS, what next?
Come and see one of our tax law specialists in order to discuss your options and the management of your tax debt.
SARS has removed money from my bank/trust account and I don't know what for. What do I do?
Arrange an urgent consultation with us and bring with any and all letters of demand or other pieces of correspondence received from SARS.
Section 4: Consultations
How do I arrange a consultation?
A consultation can be made either by contacting us telephonically or per email as per the details on our Contact page.
What do I need to bring with me to a consultation?
The general rule of thumb in this regard is to bring everything that you can. This includes any relevant correspondence (emails, letters of demand etc), any court papers that you might have received (summonses, Notices of Motion etc) as well as copies of your identity document/passport and proof of residential address.
Section 5: Legal Service Fees
How much do Strömbeck Pieterse charge for their services?
Costs generally vary on a case-to-case basis. Fees are charged out from R 500.00 to R 1 200.00 per hour depending on the matter. The legal costs applicable to your case depend on the attorney dealing with the matter, the nature of the legal assistance required, the urgency and complexity of the matter and the field of expertise to which your matter relates. The first consultation is generally held at no charge to you. Contact our offices and request to speak to one of the Directors who will guide you accordingly.