FREQUENTLY ASKED QUESTIONS
Property Acquisition and Buyer's Due Diligence
Business Law
Immigration & Citizenship in South Africa
Property Acquisition and Buyer's Due Diligence
Buying Property in South Africa
Can I buy property in South Africa if I am not a South African citizen?
Yes. Foreign nationals can legally buy and own property in South Africa, subject to exchange control
regulations. Lebese-Cussons Attorneys specializes in guiding international clients through this process
seamlessly, ensuring full compliance with all regulatory requirements.
What restrictions apply to foreign buyers?
There are no major restrictions, but property purchases must comply with South African Reserve Bank
(SARB) exchange control rules. Financing options may also differ for foreign buyers. Lebese-Cussons
Attorneys ensures full compliance with all regulatory requirements.
Do I need to be in South Africa to purchase property?
Not necessarily. With Lebese-Cussons Attorneys' support, the process can be managed remotely through
powers of attorney and digital documentation, making international property investment convenient and
secure.
How does Lebese-Cussons Attorneys assist international buyers?
We handle buyer's due diligence, contract vetting, compliance checks, estate planning, and tax
structuring, ensuring your property purchase is legally sound and financially efficient. Our comprehensive
approach protects your investment from day one.
What does it mean to buy property "the smart way"?
It means going beyond just signing an offer. At Lebese-Cussons Attorneys, we ensure every property
acquisition is:
• Legally sound (no hidden risks)
• Tax efficient (minimizing future liabilities)
• Structured for long-term wealth and estate planning
What risks do international buyers face when purchasing property in South Africa?
Common risks include:
• Buying property with unpaid rates or levies
• Hidden disputes over ownership
• Unapproved building plans or zoning issues
• Not structuring ownership correctly for tax and estate purposes
Lebese-Cussons Attorneys' role is to identify and remove these risks before you commit
How do you protect me from overpaying or buying the wrong property?
Lebese-Cussons Attorneys conducts thorough due diligence and compliance checks, providing a clear
risk-and-benefit report before you finalize any deal.
How does buying the smart way help with future resale?
Proper structuring today ensures you don't face unexpected capital gains tax, estate duty, or legal
disputes when you sell or pass on the property to heirs. Lebese-Cussons Attorneys' forward-thinking
approach protects your long-term interests.
Do I need both a Conveyancer and Lebese-Cussons Attorneys?
As attorneys, Lebese-Cussons Attorneys can act as both, but we go further by providing compliance
checks, estate planning integration, and tax efficiency advice that standard conveyancers don't offer.
What makes Lebese-Cussons Attorneys different from estate agents or banks?
Estate agents sell property. Banks finance it. Lebese-Cussons Attorneys protects your legal, financial, and
estate interests to make sure your investment is truly secure.
How do I get started with Lebese-Cussons Attorneys?
Contact Lebese-Cussons Attorneys before signing any offer to purchase. We'll review the deal, conduct
due diligence, and design a step-by-step strategy tailored to your investment and long-term goals.
Due Diligence & Legal Compliance
What is "Buyer's Due Diligence" and why is it important?
It is a legal and financial review of the property, ensuring that:
• The seller has legal title
• The property has no hidden liabilities or disputes
• Municipal accounts and levies are up to date
This protects you from costly mistakes. Lebese-Cussons Attorneys specializes in comprehensive due
diligence investigations.
Can you assist with checking property ownership and transfer history?
Yes, Lebese-Cussons Attorneys conducts full title deed and deeds office searches before you commit to
any purchase, ensuring complete transparency.
What legal documents are required for a property purchase?
Typically, you'll need a valid passport, proof of funds, tax number, and in some cases, clearance
certificates. Lebese-Cussons Attorneys prepares and verifies all necessary documents for you.
Why is due diligence important in South Africa?
South Africa has unique legal, municipal, and tax requirements. Without proper due diligence from
experts like Lebese-Cussons Attorneys, buyers risk:
• Buying property with unpaid municipal bills or levies
• Facing legal disputes over ownership
• Overpaying for a property that is incorrectly zoned or valued
What does Lebese-Cussons Attorneys check during due diligence?
We conduct a full review which includes:
• Title deed verification (confirming the seller legally owns the property)
• Deeds office searches (checking for mortgage bonds, restrictions, or caveats)
• Municipal compliance (unpaid rates, utilities, or taxes)
• Zoning and land use checks
• Building plan approvals (ensuring no illegal structures)
• Seller background checks (to flag fraud risks)
Can due diligence uncover hidden debts linked to the property?
Yes. Lebese-Cussons Attorneys verifies all outstanding rates, taxes, levies, and bonds to ensure you don't
inherit someone else's debt.
Can due diligence be done remotely for international buyers?
Yes. Lebese-Cussons Attorneys conducts the process on your behalf and provides a detailed due
diligence report so you can make informed decisions without being in South Africa.
Is due diligence different when buying through a company or trust?
Yes. In addition to property checks, Lebese-Cussons Attorneys also reviews the legal status, tax
compliance, and financial records of the entity involved.
What happens if problems are found during due diligence?
Lebese-Cussons Attorneys advises you on risks and negotiates solutions, such as:
• Price adjustments
• Conditions to be met before transfer
• In some cases, walking away to protect your investment
Who pays for due diligence?
The buyer is responsible, but the cost is minimal compared to the potential losses avoided. LebeseCussons Attorneys provides transparent pricing upfront.
Does due diligence include tax and estate planning considerations?
Yes. Lebese-Cussons Attorneys aligns property acquisition with tax efficiencies, cross-border estate
planning, and compliance with South African law.
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The Pavillion, cnr Portswood & Dock
Road V&A Waterfront, Cape Town, 8001
+27 21 140 3587
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