Latest News Letters

Buying the house of your dreams presents you with much excitement but also with a number of choices. For example, if the property is held in a company the seller might offer you the choice of buying the company shares. That way you effectively get ownership of the house without all the delay and cost of a regular property transfer. What should you do? We discuss some of the main factors you should consider, and also address the old question of whether you could save yourself a bundle of money...

By midnight on 30 June 2021 you must be fully compliant with the Protection of Personal Information Act (POPIA) if you in any way process any personal information relating to a “data subject”. Very few businesses and organisations will fall outside that net, and even fewer will fall into any of the exemptions. The risks of non-compliance are substantial. By way of a last-minute recap we suggest eleven important questions you should be asking yourself and your business well before d...

Landlords need to be aware that they risk being sued if their tenants suffer any loss whilst on their premises. We discuss the principles involved with reference to the tragic High Court case of a toddler drowned when the riverside chalet in which his family was holidaying was subjected to a “freak” overnight flood. The Court had to decide whether or not the guest farm owner was liable for damages, and in doing so it examined the core questions of whether the owner was guilty of ...

Our divorce rate has reportedly surged with all the stresses and strains of the lockdown, and from both a financial and an emotional perspective any married couple contemplating a split (and equally anyone yet to marry), should understand how our law addresses the question of who gets the family house in the event of divorce. We discuss the importance of the marital regime, the practicalities of changing ownership where necessary, the question of what happens to the bond if the house is mort...

Buying and selling property can seem to the layperson like a complex process, fraught with arcane legal terminology and risk. Relax, help is at hand! To ease you into the process in clear and plain language, we ask (and answer) nine common questions asked by both buyers and sellers.  We include a link to a simple but useful Guide from the Law Society of South Africa, with a discussion around why taking legal advice upfront is a no-brainer for both parties, plus we share some thoughts...

With media reports of arrest and a criminal record for those caught flouting the laws on wearing a face mask in public, we discuss both the circumstances in which you risk arrest, and the substantial downsides of acquiring a criminal record. Why is a criminal record to be avoided at all costs? How can you get rid of a record if you do end up with one?  We address both questions with a focus on the “admission of guilt fine” option you are likely to be offered after arrest ...

2021 and its “work anywhere, live anywhere” new normal could be a great time to build a house – perhaps a new home to live/work in, perhaps a house for investment or holidays. Regardless, both building contractors and their landowning clients need to understand how vital it is to comply with the Housing Consumers Protection Measures Act. Is registration of the contractor with the NHBRC (National Home Builders Registration Council) enough? What happens if you fail to comply?...

If you are thinking of buying or selling property during the Festive Season (which is again this year showing signs of living up to its reputation as a particularly busy time for the property market) don't neglect the legal aspects. There are many pitfalls awaiting the unwary and rushing into anything without taking proper advice upfront is likely to lead to tears. We list 12 reasons why bringing your attorney into the picture as early as possible in the process is a no-brainer. Use our c...

A common source of friction in community schemes is parking spaces. Homeowners Association and Body Corporate rules are aimed at regulating usage of parking areas but what happens when the rules haven’t been enforced? Are they taken to have been waived and therefore unenforceable? And what happens if they are enforced, but only on a selective and discriminatory basis? We investigate those questions in the context of a fight by a HOA to enforce its rules prohibiting homeowners from park...

A common source of friction in community schemes is parking spaces. Homeowners Association and Body Corporate rules are aimed at regulating usage of parking areas but what happens when the rules haven’t been enforced? Are they taken to have been waived and therefore unenforceable? And what happens if they are enforced, but only on a selective and discriminatory basis? We investigate those questions in the context of a fight by a HOA to enforce its rules prohibiting homeowners from park...

We live in particularly dangerous times, and making sure that our affairs are in order is perhaps even more vital for us all than before. Leaving a will in place is of course the only way to properly protect your loved ones after you are gone. Take steps now to ensure that it will be accepted as valid and that there is as little danger as possible of it being challenged in any way. That’s not as straightforward as it may seem, and there are many pitfalls awaiting the unwary. We disc...

We live in particularly dangerous times, and making sure that our affairs are in order is perhaps even more vital for us all than before. Leaving a will in place is of course the only way to properly protect your loved ones after you are gone. Take steps now to ensure that it will be accepted as valid and that there is as little danger as possible of it being challenged in any way. That’s not as straightforward as it may seem, and there are many pitfalls awaiting the unwary. We disc...

We live in particularly dangerous times, and making sure that our affairs are in order is perhaps even more vital for us all than before. Leaving a will in place is of course the only way to properly protect your loved ones after you are gone. Take steps now to ensure that it will be accepted as valid and that there is as little danger as possible of it being challenged in any way. That’s not as straightforward as it may seem, and there are many pitfalls awaiting the unwary. We disc...

Property sellers face enough challenges in these tough times without finding themselves liable to pay two full sets of commission to different estate agencies. As a recent High Court case shows, when multiple agencies market your property and more than one agency engages with the eventual buyer on one level or another, confusion and dispute can all too easily arise over which agency was the “effective cause” of the sale. And our courts may award commission to both agencies &ldquo...

Property sellers face enough challenges in these tough times without finding themselves liable to pay two full sets of commission to different estate agencies. As a recent High Court case shows, when multiple agencies market your property and more than one agency engages with the eventual buyer on one level or another, confusion and dispute can all too easily arise over which agency was the “effective cause” of the sale. And our courts may award commission to both agencies &ldquo...

Property sellers face enough challenges in these tough times without finding themselves liable to pay two full sets of commission to different estate agencies. As a recent High Court case shows, when multiple agencies market your property and more than one agency engages with the eventual buyer on one level or another, confusion and dispute can all too easily arise over which agency was the “effective cause” of the sale. And our courts may award commission to both agencies &ldquo...

If you are thinking of buying property, now might well be the perfect time with the pandemic having pushed down both prices and interest rates.  The other side of the coin of course is that both sellers and estate agents will be looking with hope at the first green shoots of a market recovery, so it’s a good time to remember that an agent’s entitlement to commission is dependent on holding a valid and current fidelity fund certificate.  What happens though if an agen...

If you are thinking of buying property, now might well be the perfect time with the pandemic having pushed down both prices and interest rates.  The other side of the coin of course is that both sellers and estate agents will be looking with hope at the first green shoots of a market recovery, so it’s a good time to remember that an agent’s entitlement to commission is dependent on holding a valid and current fidelity fund certificate.  What happens though if an agen...

If you are thinking of buying property, now might well be the perfect time with the pandemic having pushed down both prices and interest rates.  The other side of the coin of course is that both sellers and estate agents will be looking with hope at the first green shoots of a market recovery, so it’s a good time to remember that an agent’s entitlement to commission is dependent on holding a valid and current fidelity fund certificate.  What happens though if an agen...

Even when the COVID-19 pandemic finally starts easing off and social distancing is no longer the norm in our business and private lives, we will continue to benefit hugely from being able to enter into contracts and to complete important documents remotely.  It’s important for us all to understand how our laws enable that, to know when electronic documents are accepted as being “in writing” and when “electronic signatures” are allowed and in what form (in b...