LegalBrief : October 2018

01 October 2018

When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots (“as is” or “without any warranty”) clause in your sale agreement.
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Legal Brief : September 2018

03 September 2018

We all die, and we all know that it is up to us to ensure the happiness and well-being and protection of our loved ones long after we are gone.
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Legal Brief : August 2018

01 August 2018

As a Body Corporate trustee you will understand how important it is to collect arrear levies from defaulting owners. And of course as a section owner you have a personal stake in the process. When normal debt collection processes fail, what do you do?
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Legal Brief : July 2018

02 July 2018

You are a director of a company entering into a good, sensible property deal which you have researched thoroughly. So when you need finance from the bank and the bank says “sure, your company can have a R5m loan, just sign this personal suretyship here”
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Legal Brief : June 2018

01 June 2018

Whether you are a tenant or a landlord, chances are that sooner or later you are going to be asking yourself the question “What happens if the lease is cancelled early?”
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Legal Brief : May 2018

03 May 2018

You are engaged in a bitter dispute – perhaps it’s a fight over money, a family feud or a messy divorce, a disaffected employee or a vengeful neighbour. You decide to resort to Social Media...
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Legal Brief : April 2018

03 April 2018

Buying property can be an excellent investment, but it can also be expensive. So sometimes it makes a lot of sense to share the financial burden with someone else. Perhaps for example...
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Legal Brief : March 2018

06 March 2018

Both sellers and buyers (of anything – houses, cars, you name it) need to understand how the CPA (Consumer Protection Act) has impacted on the very common “voetstoots” (“as is”) clause.
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Legal Brief : February 2018

01 February 2018

When you choose to buy into a security estate or other community scheme, you will invariably become a member of a Home Owners Association (HOA), Body Corporate or the like...
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Legal Brief : January 2018

08 January 2018

There are many benefits to the “buy and build” option when you decide to buy a house, but they come with some important cautions.
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Legal Brief : December 2017

06 December 2017

The Rand’s weakness notwithstanding, many couples still plan their dream weddings overseas.  Likewise, many couples living overseas come back...
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Legal Brief : November 2017

30 October 2017

You decide – for whatever reason - that your neighbour’s new guesthouse is definitely not first prize in your sleepy and peaceful suburb, so you investigate.
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Legal Brief : October 2017

02 October 2017

How does the recent Constitutional Court decision on “historical rates” affect you in practice? At issue was that some municipalities would force new property buyers to pay...
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LegalBrief: September 2017

04 September 2017

If you haven’t made your will yet, get it done now. Why is that so important and how should you go about it?
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LegalBrief: August 2017

01 August 2017

A recent High Court judgment is yet another reminder of how essential it is to comply with all necessary formalities when entering into any sort of agreement, particularly when dealing with the sale of property.
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LegalBrief: July 2017

03 July 2017

Here’s yet another reminder from our courts on how important it is – if you want to avoid the trials of litigation – for you to have your property sale agreement drawn up professionally.
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LegalBrief: June 2017

05 June 2017

Hopefully you won’t have to wait 20 years for your new dream home to be built - that’s how long Cheops (ancient Egyptian pharaoh) had to hang around...
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LegalBrief: May 2017

02 May 2017

Levy collections are the life blood of sectional title schemes, and collecting them is likely to get harder with the economic fallout from our downgrade to junk status.
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LegalBrief: April 2017

10 April 2017

Another warning to do your homework before you buy or develop property comes from a recent High Court decision to set aside a municipality’s approval of building plans.
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LegalBrief: March 2017

01 March 2017

Our laws of defamation are there to help you protect your good name from unlawful attack, and a recent High Court judgment about a defamatory Facebook post is a pertinent reminder of how this protection applies online as well as in the real world.
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LegalBrief: February 2017

09 February 2017

If the dog-next-door’s incessant barking is destroying your quality of life, read on. A recent High Court case illustrates our law’s approach ...
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LegalBrief: January 2017

03 January 2017

In our last article in the series “Choosing the right legal entity for your business” we looked at the partnership option. Let’s move on to the private company option...
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LegalBrief: December 2016

08 December 2016

A recent Pretoria High Court judgment has come to the rescue of property buyers being pressured by the local municipality to pay the previous owner’s debts. But there’s a problem when...
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LegalBrief: November 2016

01 November 2016

It’s very tempting, when you have a bad tenant who doesn’t pay his/her rentals or otherwise remains consistently and unapologetically in breach of the lease, to slap the biggest and strongest padlock you can find onto...
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LegalBrief: October 2016

03 October 2016

Here’s the story of yet another bitter dispute between neighbours over the loss of a treasured view. The setting this time is a group housing development...
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LegalBrief: September 2016

02 September 2016

Whether you are young or old, healthy or ill, single or attached, you should have a Will. Without one, you die “intestate”, which means you forfeit ...
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LegalBrief: August 2016

01 August 2016

You challenge the accuracy of a services account from your local municipality, thus: “Your meter must be wrong, no ways was my cosumption that high".
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Legalbrief: July 2016

01 July 2016

Bad neighbours don’t just impinge on your enjoyment of your property; they can also cause serious harm to its value. So if you notice illegal ...
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Legalbrief: June 2016

06 June 2016

Although in our law most verbal contracts are binding, property sale agreements are an exception. They must be in writing and signed ...
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Legalbrief: May 2016

05 May 2016

For most of us, business dealings with trusts are most likely to happen when selling a property to, or buying a property from, a trust. But no matter why or how it happens, have your lawyer check that ...
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Legalbrief: April 2016

05 April 2016

The mere lodging of an objection, however ill-founded, does not trigger an obligation to furnish detailed reasons for the underlying decision relating to the valuation of the property ...
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Legalbrief: March 2016

02 March 2016

Imagine this. You buy your dream house. You take transfer. You book a date for your move with Fred’s Furniture Removals. But when you apply for electricity and water accounts so you can actually move in, your local municipality refuses ...
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LegalBrief: February 2016

03 February 2016

If you are a bank (or other lender), or if you have borrowed money against your property and are facing financial difficulty, you need to know about a recent High Court decision ...
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Legalbrief: January 2016

10 January 2016

It seems as though 2016 has a rough ride in store for us but as the wise old saying has it: “Fortune favours the brave”. Just remember to mix a good dose of realism in with the bravery.
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LegalBrief: December 2015

01 December 2015

Selling or buying a house can seem like a complicated and confusing process but help is at hand! Have a look at this simple overview: “Buying or Selling a House – What You Need to Know” from the Law Society of South Africa
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LegalBrief: November 2015

06 November 2015

30 days – that’s how long a property developer will spend in the local lock-up unless he demolishes illegal building works.
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LegalBrief: October 2015

05 October 2015

What happens if someone is injured or killed, or suffers some other form of loss on your property? Three recent court cases highlight your risk of liability for any potential dangers that you don’t take reasonable steps to avoid.
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LegalBrief: September 2015

02 September 2015

Whether you are young or old, healthy or ailing, wealthy or not-so-wealthy, married or single – you must have a will.
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LegalBrief: August 2015

06 August 2015

You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it?
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LegalBrief: July 2015

06 July 2015

For most people, your house is your most important asset. So when you sell it (or any other property for that matter), it is absolutely critical to entrust the process to a conveyancer you can trust to act with both speed and integrity.
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LegalBrief: June 2015

04 June 2015

Your tenant isn’t paying rent and refuses to move out – can you turn the electricity off?
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LegalBrief: May 2015

08 May 2015

What happens if your home is registered in the name of a trust and you get divorced? Do you get a share of the house’s value?
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LegalBrief: April 2015

09 April 2015

In a nutshell, the transfer duty tax breaks announced in Budget 2015 will reduce costs for most middle-income households, but will increase costs of property transactions above about R2,65m (with maximum savings at about the R2m to R2,3m level).
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LegalBrief: March 2015

09 March 2015

Last month we discussed the need for a “non-variation” clause in every agreement you sign, and the dangers of not having one.
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LegalBrief: February 2015

10 February 2015

A recent Constitutional Court judgment highlights a fundamental difference in the legal protections afforded to two types of unlawful occupant
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LegalBrief: January 2015

09 January 2015

Here’s another warning from our courts about the dangers of procrastination when it comes to matters of law.
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