Sunday, July 27, 2008

Simpiwe Piliso - sensationalist about the rental market.

In an article in the Sunay Times (p5, July 27 2008) the reporter used a series of emotive words and phrases to describe the behaviour of property owners in the rental market:

The following words were used: " - but they are sqeezing tenants to cover their bonds", " as landlords demand exorbitant rates" "only nine years ago" - my God, nine years ago one could buy a tin of jam for sixpence...

Simpiwe, also makes the error many times in his article about high "asking" prices(or on offer or on the market). Any first year economics student will tell him and any agent using similar terms, is that it is not the price asked that matters, but the price at which the transaction takes place.

He also makes it sound like a crime if one manages to cover ones bond with the rental as if that is the only cost variable the owner has to contend with.

I would have expected more facts and comparable figures in an article of this nature.

Yes, the rental market seems to be robust - but in a stuation of choice an exorbitant price is the same as affordable if the deal is struck and not a price if no deal is made.

Saturday, July 26, 2008

Free the Market

Why would one not be a free market capitalist?

If , in a market economy, the government simply allows and then protects the private ownership of property and the right to the voluntary exchange of labour, goods and services through consenting participants. A society of peace and stability within which people live their lives without fear of confiscation through taxes and expropriation for the common good. Where willing buyers and sellers meet in an unfettered marketplace where the value of goods and services are determined by buyers and sellers that are allowed to trade freely without subsidies and price controls, tariffs and special licences and controls to stem the free flow of ideas and goods and services.

If, in a free market economy people can trade with their property and labour in any way they see fit, as long as they not act in a way that would infringe on others to be have in a similar way and without force or the threat of force or acting in a fraudulent way. Where individuals take responsibility for their actions and cause no damage to others lives and property. Where there is a free movement of goods and services between nations and states.

A free market capitalist society where the role of the state is not to promote the interest of any one group, where it sees its role as the protector of property rights of all and cherishes individual liberty and the rights of groups to promote their groups as long as it does not done in a way that it offends basic human and individual rights.

A free market where economic growth is high because of a low tax regime, where people spend more time and effort on creating wealth than on efforts to protect themselves from the tax authorities. Where the government upholds a policy of protecting the value of the currency and therefore takes no inflationary actions. Where nobody is granted any special privileges on the basis of race or gender and there are no special subsidies, tax consessions, import controls, tariff protections granted to favour some special interest groups. Where political power and influence is curtailed to the essential services of foreign relations, the army, the judiciary and internal safety and security.

A free market where rules are kept simple and understandable, where you would not find unrealistic building, zoning, and other restrictions on trade and costly process involved in setting up of businesses, the subdivision of land and the meeting onerous regulatory requirements when starting enterprises.

A society where the government allows communities and sub-communities a bigger say in those decisions that affect them directly. Why not free market capitalism?

Liaises Faire.

Charl Heydenrych

Tuesday, July 22, 2008

EAAB presentation.

Do you want the presentation in Power Point that the EAAB give on their road show about the new dispensation?

Email me and I will send you the file on the new FETC: Real Estate.

Tuesday, July 15, 2008

Suspensive and resolutive conditions

This is an extract from a court case that you can access through the "Palette" - a Free Resource Guide (Part of the Paint by Numbers programme) to help you attain the FETC: Real Estate - a quick and easy way!

5.2 Suspensive and resolutive conditions
A suspensive condition suspends the operation of all or some of the obligations flowing from the contract until the happening of a future, uncertain event. A resolutive condition, on the other hand, terminates all or some of the obligations flowing from the contract upon the happening of a future and uncertain event. (See R H Christie: The Law of Contract, 4th Edition, at page 159; President Land Trust Ltd v Union Government (Minister of Mines) 1911 AD 615 at 627-628.) Whether a conditional clause in a contract is suspensive or resolutive is a matter of construction. It will depend on the intention of the parties as expressed in the language of the contract. (See: Worman v Hughes and Others 1948 (3) SA 495 (A) at 505; Van Pletsen v Henning 1913 AD 82 at 89; Van Jaarsveld v Coetzee 1973 (3) SA 241 at 244E-F.) The words “subject to” in contractual settings are usually used to denote a suspensive condition, but depending on the context, it could also denote a resolutive condition or simply a material term as opposed to a suspensive or resolutive condition. (Panabourne Properties Ltd v Ramsdon 1996 (1) SA 1182 (A) at 1188A.)

THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE No: 10352/2005 In the matter between: KARTHIGASEN NARAIN (First Applicant) SABASHNEE NARAIN (Second Applicant) and FINEPROPS 1074 CC (Respondent)

Saturday, July 12, 2008

Need an offer to purchase form?

Try this one:

http://www.offertopurchase.co.za/index.php

A little philosophy lesson before learning about FICA and the National Credit Act

Both a knowledge of FICA and the NCA are Unit Standards that need to be mastered when doing yet another government imposed requirement on entrepreneurs - FETC:Real Estate. Read this article to put things in perspective when pondering the low rate og economic growth in South Africa.


“Market Fundamentalists” – who are they?

Churchill said that people occasionally stumble upon truth, but pick themselves up and press on. Josh Billings said the trouble with people isn’t their ignorance, it’s the number of things they know that just ain’t so. Ayn Rand stumbled upon something everyone knows that just ain’t so, but picked herself up and pressed on. The counter-intuitive truth she stumbled upon in her monumental novel, Atlas Shrugged, is that the world’s real “market fundamentalists” are anti-capitalists. They have more faith in capitalism than capitalists.

Rand calls entrepreneurs, “people of the mind”. Through efficient competitive enterprises these “true” capitalists create wealth. Their nemeses are “the looters”, wealth-consuming politicians, bureaucrats and hangers-on, including “crony” capitalists, beneficiaries of government patronage.

Atlas Shrugged is such a significant book that people should not be considered educated if they haven’t read it – over twenty million sold, with several readers per copy; the world’s “best novel” according to a Random House reader survey; after the Bible, the book that most affected readers’ lives according to a Library of Congress survey. Rand and millions of readers, including me forty years ago, pressed on from the truth upon which she’d stumbled.

Truth in fiction
In Atlas Shrugged, as in reality, virtually everything done by the state is characterised by incompetence, and real or suspected corruption. As in South Africa, Atlas Shrugged’s “looters” call on “the people of the mind” to help them fix their mess. They ask Rand’s capitalist heroes to run the economy as successfully as they run their businesses. But Rand’s capitalists are more than entrepreneurs, they are philosophical capitalists, so they decline and point out that the endemic failure of government isn’t the absence of competence or good faith, but the inevitable perverse incentives of interventionism.

Interventionists of all ilks regard capitalism as virtually indestructible. For pro-market liberals it is fragile – interventions and taxes subvert efficiency, bankrupt marginal business, inflict destitution and unemployment on marginal labour, and turn consumers into victims of the road to hell paved with consumer protection intentions.

In Atlas Shrugged and in reality, the anti-capitalistic mentality has an incredibly flattering conception of entrepreneurs. They believe entrepreneurs will, as if by magic, produce an endless flow of technology, products, wealth, taxes and jobs, regardless of what regulators throw at them. Instead of doing anything useful, entrepreneurs “exploit” society by way of ingenious, mysterious and nefarious stratagems. The supposed liberty of consumers and employees in free markets to decline what entrepreneurs offer, is illusory. Anti-capitalist faith in the ingenuity and indestructibility of markets is more appropriately called “market fundamentalism” than the anguished pro-market realism of free marketers. They literally believe in miracles, that capitalists can produce benefits without costs.

Free lunch fantasies
Interventionism is a grand “free lunch” fantasy whereby confiscatory taxes and incredibly costly controls, such as the Financial Advisory and Intermediary Services Act (FAIS), the National Credit Act (NCA) and a deluge of health care interventions, have no adverse impact on the provision of services, credit and health care. When economic liberals protest, interventionists have such confidence in capitalists that they cannot imagine sceptics as anything other than bad faith “fronts for big business”.

This curious confidence in capitalists explains why interventionists press on regardless of “unintended consequences”. When the disappearance of financial services for all except the rich follows FAIS, or no credit for people who need it most follows the NCA, and when none of the predicted benefits materialise, and everyone is reconciled to the characteristic incompetence of government, market liberals lament that “we told you so”, and interventionists blame “market failure”. It never occurs to them that a deluge of regulatory imposts could have negative effects, because they imagine capitalists to be God-like miracle-makers.

“Looters” often pay capitalism the ultimate compliment by imitating it. When they resort to charging for government-supplied water, supplying electricity through a state-owned company, and throw billions of Rands taxed from “people of the mind” at loss-making nationalised airlines, they call it “privatisation”, “commercialisation”, “corporatisation” “deregulation” and “PPPs”. Conversely, no one suggests improving the market by imitating government.

Instead of discontinuing failed policies, “looters” espouse increasingly extreme interventions. Failed “land reform” is what “true” capitalists expect from anti-market land policies. “Looters”, as Rand’s apt name for them predicts, not only ignore the stupendous potential for empowerment of upgrading all black-held land to freehold and redistributing the state’s superfluous land, they attribute their failure to being insufficiently Mugabeesque. Their “solution” is more of what’s failed: willing buyer-unwilling seller looting.

Gang rape
The fundamentalist faith of “looters” in capitalism explains why they are so sanguine about increasingly extreme measures. “Organised business” responds with costly lobbying for amelioration. It achieves awkward compromises in smoke-free rooms. This gives the impression that business “supports” anti-business policies. The process is like a gang intending to gang-rape a woman responding to her pleading by deciding that she will be raped only by the gang leader. The view that business “supports” interventions amounts to saying she “agrees” to sex with her rapist. Usually “crony” capitalists negotiate regulatory threats into sufficient protection against competitors and innovators to off-set new costs and risks.

People are entitled to their own opinions, not their own facts. Whether capitalists are fearsome super-humans to be subjugated by extreme measures, or vulnerable entrepreneurs easily subverted by disincentives, is a matter of opinion. That there are no “free lunches” is a fact, which means that, notwithstanding compromises between “looters” raping markets and their victims, all interventions have costs. Whether benefits exceed costs is also a matter of fact, and the fact is that freer markets out-perform less-free markets by every objectively indexed criterion.

Author: Leon Louw is the Executive Director of the Free Market Foundation. This article may be republished without prior consent but with acknowledgement to the author. The views expressed in the article are the author’s and are not necessarily shared by the members of the Foundation.

Friday, July 11, 2008

From Meumann White - a useful resource for agents wishing to attain the FETC:Real Estate

TABLE OF CONTENTS - http://www.meumannwhite.co.za/property_law_update.pdf
A PROPERTY LAW UPDATE PRESENTED BY BRUCE FORREST OF ATTORNEYS MEUMANN WHITE

BUYING THROUGH TRUSTS, COMPANIES AND CLOSE CORPORATIONS

COOLING-OFF CLAUSE

CAN A PURCHASER WITHDRAW HIS OFFER AT ANY TIME

HOW CRUCIAL IS THE COMMUNICATION OF AN ACCEPTANCE OF AN OFFER TO THE OFFEROR

TRANSFER DUTY

CLAIM FOR COMMISSION

HOUSING CONSUMERS PROTECTION MEASURES ACT 95 OF 1998 (NHBRC)
PROPERTY OWNING COMPANIES OR CLOSE CORPORATIONS WHICH ARE REGISTERED VAT VENDORS

CAPITAL GAINS TAX (CGT)


RENTAL HOUSING ACT

SALE OF REAL RIGHTS BY A DEVELOPER

FICA AND THE ESTATE AGENCY BUSINESS

AMENDMENTS TO THE TRANSFER DUTY ACT IN RESPECT OF NOMINATIONS AND TRIPARTITE AGREEMENTS

SHARE BLOCK CONVERSIONS : TRANSFER DUTY REFUND

LIABILITY FOR LEVIES ON TRANSFER OF A SECTIONAL TITLE UNIT

SERVITUDES OVER IMMOVABLE PROPERTY AND THEIR IMPLICATIONS

AMENDMENT TO SECTION 14 OF THE TRANSFER DUTY ACT NO. 40 OF 1949

EXCLUSIVE USE AREAS

QUESTIONS ON SECTIONAL TITLE

SLOWING DOWN THE TRANSFER PROCESS

VAT AND PROPERTY

AMMENDMENT TO THE TRANSFER DUTY ACT PERTAINING TO DIVORCED AND SURVIVING SPOUCES

Thursday, July 10, 2008

Who am I?

Just to answer a query -

I am Charl Heydenrych - and I am the Skills Development Facilitator for:

Chas Everitt
Huizemark
Fine and Country Estates
Adrienne Hersch Properties
Whitfield Property Brokers
Gilbert Estates
(and a few others, some not quite in the fold...)

and yes, we will be assisting ANYBODY to meet the requirements of the new regulations that require all agents to have obtained the FET Certificate: Real Estate in the most effective way, by December 2011!

I think I downloaded a CV in a previous post - just scroll down.

Talk to me if you need help in attaining the FETC: Real Estate (SAQA ID 59097)

proplib@tiscali.co.za

Friday, July 4, 2008

The EAAB Roadshow programme to explain the new qualifications for Real Estate Agents

Click to enlarge.

THE ROADSHOW DATES THAT HAVE PREVIOUSLY BEEN PUBLISHED HERE HAVE NOT BEEN CONFIRMED - I WILL KEEP YOU POSTED!!!

Email Email me here for
more info.
and for a free Adobe copy of the new regulations.

Watch this space for EAAB roadshows on the new FETC: Real Estate Qualification

The Estate Agency Affairs Board is embarking on a couintry wide series of roadshows to explain the implications of the newly gazetted regulations. I'll be listing the dates and contact details here soon.

New Qualifications Materials!

The study material for the following core unit standards has now been duly completed by the various authors, namely:



242584 Demonstrate knowledge and understanding of the FAIS Act as it impacts on a specific financial services sub-sector
242593 Explain South African money laundering legislation and the implications for accountable institutions in transacting with clients
246733 Demonstrate knowledge and understanding of the legislation applicable to real estate practice
246736 Market, sell and lease property
246739 Manage self-development in a real estate environment


Such material must, however, be still reviewed before it can be uploaded to the SETQAA for moderation.

In the streets of Johannesburg.

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