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Can You Still Sell As Is? CPA v The Voetstoots Clause
When buying or selling a house, a car, or anything else, you should be clear on whether or not things can still be sold “as is” i.e. without any warranty against defects.
There has been much speculation as to whether or not the very common “voetstoots” clause has been killed off by the strong buyer protections contained in the Consumer Protection Act, and we analyse this question in regard to sales of both movable and immovable property.
Let’s ...
Security Estates: Are Your Rules Enforceable?
Buying into any form of community scheme means binding yourself to comply with all the scheme’s rules and regulations. Read and understand these rules before you buy - our courts will usually hold you to them.
But not all rules are legally enforceable, and there’s a strong warning for security estates in a recent High Court case where estate speed limits and restrictions on the movement of domestic employees were challenged and found wanting.Dismissal from employment is a drastic...
Plot-and-Plan: Great Option, Just Beware the Building Deadline
There are many benefits to the “buy and build” option when you decide to buy a house, but they come with some important cautions.
One of them is that buyers who fail to build on their plots by deadline risk penalty levies and/or buy-back (retransfer) clauses. We discuss a recent SCA case illustrating both the risk to buyers of a buy-back clause, and the need for developers to beware of losing their claims through prescription. The Henri van Breda saga is a perfect exam...
It’s Wedding Season! Here’s Why You Need an ANC (Whether You Marry Here or Overseas)
Wedding Season is in full swing, and it is essential that you start off on the right foot by sorting out all the legalities beforehand.
Upfront legal advice and assistance is essential here. We’ll look by way of example at the “international wedding” scenario - at which country’s “marital regime” will apply to you (that’s vital knowledge so don’t ignore this), the grey areas surrounding the “domicile” issue, and a very s...
Closing Down the Guesthouse Next Door: Notes for Owners and Neighbours
Are you planning to open a guesthouse? Or perhaps you live next door to an existing guesthouse and for some reason want to have it shut down?
Either way, you need to know what your rights are, and what you will have to prove if you end up in a court battle. By way of illustration we discuss an attempt by residents of a quiet suburb to shut down a guesthouse amidst allegations of noise, wild parties and nuisance guests.
The Court’s decision is as impor...
How the “Historical Rates” Judgment Affects You
A recent Constitutional Court judgment held that municipalities can no longer force a new property buyer to pay the seller’s “old” municipal debts for rates, municipal services etc.
Before that judgment, you were at risk of buying a house thinking that all you had to pay was the purchase price and transfer costs, and then later finding out that you were also in for historical municipal debts that had been run up by previous owners.
A lot of money could be a...
7 Myths about Making a Will
If you haven’t already made your “last will and testament” you need to get it done now.
And you should have a professional help you.
Why is a properly-drawn will so important? To answer that, we debunk a few of the more pervasive myths and misconceptions surrounding wills …If you have a spare room, holiday house, apartment or indeed any type of residential property available to let out as a short-term rental, consider using online platform Airbn...
Verbal Agreements – The Property Perspective
Always seek legal help before you agree to anything, particularly when dealing with property.
The outcome of a recent High Court case illustrates - the occupants of a property which had been sold and transferred to a new owner refused to vacate and then resisted his application for their eviction. They even tried to have the sale and transfer to him set aside, all on the basis of an alleged verbal “agreement to agree” between them and the original seller.
We look ...
Your Property Sale Agreement: Be Careful How It’s Worded!
“In war and litigation, both sides suffer” (old Roman proverb)
Buying and selling property is a potential minefield for damaging dispute and expensive litigation.
Navigating that minefield starts with a professionally-drawn sale agreement which clearly records exactly what you have agreed to.
We look at a recent High Court fight over the precise meaning of a bond clause, a fight which landed both...
What is an Occupancy Certificate? Why Do You Need It?
Cheops (ruler of ancient Egypt in the 26th century BC) had to wait 20 years for his Great Pyramid to be built and he no doubt realised sooner rather than later that the adage “Nothing ever gets built on schedule or within budget” applies as much to Pharaohs as it does to you and to me.
And after you’ve suffered the inevitable delays in building your new dream home you will be keen to move in as soon as possible.
But first you need an official Certificate of Occupa...
Collecting Arrear Levies: A New Risk for Your Body Corporate
Levy collections are the lifeblood of sectional title schemes, and both owners and trustees need to know about a new Supreme Court of Appeal decision which puts at risk the body corporate’s right to apply for the sequestration of levy defaulters’ estates.
That has serious implications for the body corporate’s ability to collect arrears by accessing the value in the unit itself. Be warned and act now to nip any arrears in the bud …Amongst the many challenges t...
Property: Do You Have Automatic Rights to Views and Privacy?
Do you as a property owner have an automatic right to retain amenities like privacy, access to light, views and the like? What can you do to protect them?
A recent High Court decision to set aside a municipality’s approval of building plans illustrates.
The Constitutional Court judgment in the social grants crisis case has given us all a powerful way to deal with the “bad egg” minority of state bureaucrats who think that they can trample all over our constitution...
Property: Do You Have Automatic Rights to Views and Privacy?
Do you as a property owner have an automatic right to retain amenities like privacy, access to light, views and the like? What can you do to protect them?
A recent High Court decision to set aside a municipality’s approval of building plans illustrates.
The Constitutional Court judgment in the social grants crisis case has given us all a powerful way to deal with the “bad egg” minority of state bureaucrats who think that they can trample all over our constitution...
Facebook Revenge: The Defamation Danger
In the heat of an argument you may be tempted to retaliate with a Social Media post attacking your opponent.
The dangers of doing so were highlighted in a High Court case which featured warring neighbours, noisy chickens, smelly rabbits, and a “peeping tom” slur.
A recent Supreme Court of Appeal decision revolved around an estate agency which made a basic blunder when obtaining a Fidelity Fund Certificate - and paid dearly for it.
Don’t make the same mistake...
Facebook Revenge: The Defamation Danger
In the heat of an argument you may be tempted to retaliate with a Social Media post attacking your opponent.
The dangers of doing so were highlighted in a High Court case which featured warring neighbours, noisy chickens, smelly rabbits, and a “peeping tom” slur.
A recent Supreme Court of Appeal decision revolved around an estate agency which made a basic blunder when obtaining a Fidelity Fund Certificate - and paid dearly for it.
Don’t make the same mistake...
Barking Dogs Driving You Batty? Noisy Neighbours and the Interdict Option
If the dog-next-door’s incessant barking or its owner’s all-night parties are destroying your quality of life, read on.
A recent High Court case involving a rustic township, wild animals and a chihuahua illustrates our law’s approach to protecting you from noisy neighbours generally………When you are struggling to recover your money from a recalcitrant debtor company, applying for its liquidation can be a very powerful collection tool.
But be warned...
Barking Dogs Driving You Batty? Noisy Neighbours and the Interdict Option
If the dog-next-door’s incessant barking or its owner’s all-night parties are destroying your quality of life, read on.
A recent High Court case involving a rustic township, wild animals and a chihuahua illustrates our law’s approach to protecting you from noisy neighbours generally………When you are struggling to recover your money from a recalcitrant debtor company, applying for its liquidation can be a very powerful collection tool.
But be warned...
Starting a Business in 2017: The Private Company Option
“My best entrepreneurial advice is to start” (Dave Morin, entrepreneur, angel investor, CEO and co-founder of social network Path)
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, where your business is owned and operated, not by you as an individual or by a group of ...
Starting a Business in 2017: The Private Company Option
“My best entrepreneurial advice is to start” (Dave Morin, entrepreneur, angel investor, CEO and co-founder of social network Path)
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, where your business is owned and operated, not by you as an individual or by a group of ...
Buy That House! You’re off the Hook for the Seller’s Municipal Debts
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.
When you buy a property, the municipality won’t issue the seller with a “clearance certificate” – necessary for the transfer of the property to you - until all rates and taxes, water and electricity accounts etc due for the 2 years prior to transfer have been paid in full. With Wedding S...
