Drafting property agreements in line with the Consumer Protection Act

Aim and content

The Consumer Protection Act (CPA) places stringent requirements on the content of agreements generally. This impacts particularly and substantially on the wording and clauses used in everyday sale agreements, mandates, lease agreements and auction sale agreements. The seminar notes will guide the practitioner through the changed requirements introduced by the Act and will provide examples of CPA-compliant wording and clauses with which to bring 'standard' property agreements in line with the Act.


Topics

  1. Which sections of the Act impact on agreements generally?
  2. How must I amend my sale agreement, mandate or lease agreement?
  3. How do I deal with the problematic clauses - voetstoots, rouwkoop, acknowledgements and indemnities?
  4. Which additional, new clauses must be included in agreements in order for them to be CPA compliant? For example, is it obligatory for a party to be advised of his right to cool-off?
  5. Draft CPA compliant agreements - see the list of Annexures below.

How do these notes differ from the previous seminar notes: "Property transactions and the CPA"?

These notes have a much more practical approach than the previous seminar notes. The previous seminar notes were a theoretical exposition of the very substantial impact of the CPA on property transactions of all kinds.

The focus in these is on the wording of relevant clauses in every day sale agreements, mandates, lease agreements and auction sale agreements. It provides examples of CPA-compliant wording and clauses with which to bring 'standard' property agreements in line with the Act. It combines theory and practical examples.


Compiled by

Maryna Botha is an admitted attorney, notary and conveyancer practising in Cape Town. She completed her articles with Van Der Spuy & Partners in Cape Town in 1997 and then practised with De Vries Shields Chiat. In 2005 she joined STBB Smith Tabata Buchanan Boyes’ private training initiative, the Igqwetha Training Academy, as Training and Operations Manager.

She is currently an executive consultant with both STBB Smith Tabata Buchanan Boyes and Kilbourn & Botha, for whom she offers training courses in various areas of the law, including Property Law, Loan Securitisation, Insolvency & the National Credit Act, as well as Consumer Protection Law. Since 2007, she has also presented training courses on behalf of the Law Society of South Africa.

She publishes regular updates and opinions, including STBB’s Property Law Service (a weekly update service) and LexisNexis’s quarterly Property Law Update. She also contributed the precedent to the JUTA publication, The ABC of Conveyancing, and is currently tasked with revising Butterworths Forms and Precedents (Conveyancing).

Maryna obtained her BA and LLB degrees at the University of Stellenbosch and her LLM degree from UNISA. She is currently studying towards her LLD.


Revised by

Corlia van Heerden is an associate professor in the Department of Mercantile Law at the University of Pretoria and a practising attorney. She specialises in the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. She has published various journal articles on consumer credit and consumer protection and is a co-author of Scholtz et al Guide to the National Credit Act (2008 et seq). She also presents regular lectures on the National Credit Act and the Consumer Protection Act in various parts of the country.

She obtained her BProc LCB at the University of Pretoria as well an LCM degree (Civil Procedure) from Unisa. She holds an LLD in Civil Procedure from the Rand Afrikaans University (now the University of Johannesburg) and has also obtained an LCM (Insolvency Law) from the University of Pretoria.

Annexures

A - Suggested mandate agreement
B - Suggested clauses for incorporation in 'private' sale agreement
C - Suggested clauses for inclusion in development sale agreement
D - Suggested clauses for incorporation in lease agreement
E - Suggested clauses for incorporation in auction rules
F - Notice in terms of section 14(4)(c)
G - Grey terms contained in regulation 4
Seminarnotes Cover

 Price

R390 - one set
R585 - two sets

(2nd set -50%)

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