Note: This is a complex topic and there is no substitute for tailored professional advice. What is set out below is of necessity no more than a simplified summary of some practical highlights. You and your business are at substantial risk if you aren’t fully compliant with POPIA (the Protection of Personal Information Act) on […]
11 POPIA Questions to Ask Yourself Before 30 June 2021 Read More »
“Before anything else, preparation is the key to success” (Alexander Graham Bell) You sell your house, give the signed sale agreement to your attorney, and wait to get paid out as soon as the property is transferred in the Deeds Office. What could possibly go wrong? Quite a bit as it turns out, but perhaps
“Nature has the ability to spring a surprise when least expected” (extract from the judgment below) A recent High Court decision dealing with the tragic drowning of a toddler highlights once again the legal dangers faced by property owners who let out accommodation to the public. This particular case related specifically to a Holiday Let
Landlord Liable for a Tragic “Freak” Flood Drowning Read More »
“The issue of whether a conveyancing attorney receives the money as the agent of the seller, or of the purchaser, or of both, or as trustee for both to await the event, is a somewhat vexed question … and each case must be considered in the light of its own facts and the particular contractual
Property Transfers and Trust Account Theft: A R720,000 Warning Read More »
“I am a marvellous housekeeper. Every time I leave a man, I keep his house” (seven-times-divorced actress Zsa Zsa Gabor) Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown. For those unfortunate couples whose marriages do eventually fall apart, often
“Owning a home is a keystone of wealth… both financial affluence and emotional security” (Personal Finance Expert Suze Orman) When you buy or sell your “Home Sweet Home”, particularly for the first time, the process can seem complicated, the terminology confusing, and the risks of making a costly mistake intimidating. You are after all dealing
Buying and Selling Property: Nine Important Questions Read More »
“It is a fundamental principle that no man is allowed to take the law into his own hands” (Transvaal Supreme Court, 1906) Landlords can be sorely tempted to force defaulting tenants to settle their arrears (or to vacate the premises altogether) with a bit of instant “self-help” by cutting electricity or water supplies, or perhaps
Landlords: Can You Cut Electricity to Collect Arrears or Evict? Read More »
“Where a seller recklessly tells half-truths or knows the facts, but does not reveal them because he or she has not bothered to consider the significance, this may also amount to fraud” (extract from judgment below) Firstly, a note on the CPA What is said below does not pertain to those property sales where the very robust
Property sellers: just how far does your duty to disclose go? Read More »
“…a third party is expected to do more than rely upon a bold assurance by another party regarding his or her marital status” (quoted in judgment below) If you are taking advantage of our current low interest rates and reduced selling prices to buy a property, make sure that you establish the seller’s marital status
Buying a Property: Check the Seller’s Marital Status! Read More »
“Men keep agreements when it is to the advantage of neither to break them” (Solon, Athenian lawgiver c. 638 BC – 559 BC) Here’s the story of yet another High Court battle over a disputed property sale agreement. A fight over how to interpret the “bond clause” again highlighted how vital it is to clearly
Buying And Selling Property: The Bond Clause Blues, And How To Beat Them Read More »
