With strict lending rules and high costs, many South Africans struggle to buy property, while sellers face slow sales and foreclosure risks. Instalment Sale Agreements (ALA Act 68/81) offer a flexible alternative: buyers move in and pay monthly instalments over 12–60 months without immediate bond approval, while sellers receive steady cash flow.
This approach helps buyers build equity and repair credit, gives sellers financial relief, and keeps agents and banks in the market. Legally sound and practical, instalment sales open doors for more buyers and provide stability for all parties—when guided by professional legal expertise.
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Wherever possible, different scenarios were pre-empted in order to widen the variety of documents that may be needed. However, as stated, as conveyancers we cannot guarantee that this list will provide you with all the answers, and a development will have to be assessed on its own merits.
As conveyancers, we will not be held liable for any damages, should this list not suffice for a particular development. Also note that this list only mentions the documents required from the developer and it’s not a comprehensive list of ALL the documentation needed in the process.
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The Consumer Protection Act (CPA) applies when property is sold as part of a business (developers, investors, traders) — sellers cannot hide behind the voetstoots clause. For once-off private sales, common law applies: voetstoots shields sellers unless defects were knowingly hidden.
Estate agents must ensure honest marketing, proper disclosure, and signed acknowledgements to avoid liability.
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