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By: Natascha Miller Smart Law For A Complex World One of the most common questions we receive from sellers is: "I've signed the Offer to Purchase. Can I still cancel it if I've changed my mind?" The short answer is: Usually not. Once a valid Offer to Purchase ("OTP") has been signed by all parties and all suspensive conditions (if any) have been fulfilled, it becomes a legally binding contract. A seller cannot simply withdraw because they received a better offer, ch

By Natascha Miller A recent decision of the Western Cape High Court serves as an important reminder that the law will intervene where vulnerable persons are exploited, pressured, or unfairly deprived of their property rights. According to reports, the Court restored ownership of a pensioner's home after finding that a property sale agreement had failed due to non-payment and concerns relating to the circumstances surrounding the transaction. The matter has generated signi

By Natascha Miller Over the past few months, headlines have suggested that Cape Town is introducing an "Airbnb tax", banning short-term rentals, or making Airbnb operations impossible. The reality is far less dramatic. However, property owners, investors, estate agents, developers and buyers should pay close attention because the City of Cape Town is moving toward stricter regulation of commercial-scale short-term letting. The proposed changes could have a significant

By Natascha Miller The conviction of former Pretoria midwife Yolande Maritz Fouchée has had a profound impact on both the medical and legal sectors in South Africa. What began as allegations of poor judgment during childbirth escalated into one of the country’s most disturbing criminal negligence cases involving maternal healthcare. The Pretoria High Court ultimately found Fouchée guilty on multiple charges, including culpable homicide, assault, fraud, employing an unqual

For years, cold calling has been one of the most relied-upon tools in the estate agent’s arsenal. It was fast, direct, and — when done well — effective. But as of April 2026, the legal landscape in South Africa has shifted decisively. Cold calling, as we know it, is no longer simply a marketing tactic. It is now a regulated compliance activity — with real legal consequences. 1. The Legal Shift: From “Opt-Out” to Enforced Consumer Control The recent amendments to the Consumer

The Growing Threat of Property Transaction Cybercrime in South Africa Over the past decade, cybercrime targeting property transactions has become one of the fastest-growing financial crimes in South Africa. Each year, buyers lose millions of rands after unknowingly transferring purchase funds into fraudulent bank accounts. These crimes are highly sophisticated and often occur during the conveyancing process when large amounts of money are being transferred between buyers, est