LEGAL

Breach of Contract

Remedies in case of a breach of contract What remedies does a party to a deed of sale have if the other party fails to fulfil his or her contractual obligations?

Builders welcome Development Bill

Author : Minister of Economic Development: Ebrahim Patel 13 December 2013 The Master Builders Association of the Western Cape (MBAWC), a registered trade association for employers in the building industry, has welcomed the Infrastructure Development Bill…

CONSUMER LAW

Author : Black Sash Publication CONSUMER LAW 1. What is Contract?2. The Law of Contract and Consumer’s Rights3. Ways of Selling and Buying4. Buying on Credit and Credit Agreements5. Debt Collectors6. Other Methods of Recovering Debt7. Friendly Societies8. Buying...

Cooling-Off – Period for Purchasers

In terms of the Alienation of Land Act, fixed property can only be sold by way of a written agreement between a seller and a purchaser. The act was some time ago amended to afford purchasers a “cooling-off” right.

Department of Justice & Const Develop of SA

Transparent, responsive and accountable justice services for all What’s New Address by Deputy Minister Jeffery at the Sheriffs’ Introductory Course (SIC) 100 [20 Jan] Master: Updated list of Records of Accounts for Estates [20 Jan] Draft Bill: Invite to Comment...

Effective cause of sale, but no commission

Author: SAFLII South African Legal Information Institute EFFECTIVE CAUSE OF SALE, BUT NO COMMISSION Tekenpraktyk CC v Erf 2720 Tzaneen (Pty) Ltd (20648/2012) [2013] ZAGPPHC 228 (2 August 2013) Summary of the judgement : [by STBB] An estate should caution not to assume that commission is payable simply because he was the effective cause of a sale…

Electrical Compliance Certificate

Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS ELECTRICAL COMPLIANCE CERTIFICATE – A REQUIREMENT IN LAW: There is an obligation in Law that when property is transferred, there is in existence a valid electrical compliance certificate or the obligation to obtain an electrical compliance certificate.

Fractional Ownership

Fractional Ownership based on the ownership of undivided shares in a property as opposed to shares in a company or member’s interest in a CC

How to cancel your fixed-term contract

Author : Lauren Hastie – BOUWER KOBELI MORABE 7 August 2012 How to cancel your fixed-term contract in terms of the CPA Section 14 of the Consumer Protection Act 68 of 2008 (the “CPA”) limits the duration of a fixed term agreement to 24 (twenty four) months....

Illegal Eviction

AUTHOR: The Supreme Court of Appeal in Ndlovu and Others v Bekker and Others (judgment delivered 30 August 2002)
Does the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 afford the former owner of land protection against eviction, where he or she refuses to vacate the property after the bondholder has foreclosed and sold the property in execution to a new owner?

Implications of Cash-Dominated Transactions for Money Laundering

Author: Article by: ISS, Institute for Security Studies Implications of Cash-Dominated Transactions for Money Laundering (October 2012) Money laundering has traditionally been associated solely with banks. Action to combat money laundering has therefore focussed on...

Instalment Sale Agreements

An installment sale agreement is an agreement of sale of land as defined in terms of the Alienation of Land Act, 1981 used or intended to be used mainly for residential purposes and in terms of a contract as defined in terms of the Alienation of Land Act, 1981 in terms of which the purchase price is paid to the seller by way of more than 2 (two) installments over a period of longer than 1 (one) year but no more than 5 (five) years.

Just how enforceable is an Agreement?

Just how enforceable is an Agreement? When two or more parties agree about something, they must respect the agreement, irrespective of what happens.

Pleading Ignorance can be an Excuse – Beware of what You Sign

Author : Millers Attorneys Pleading Ignorance can be an Excuse (It Seems) Although a person is normally considered to be bound by that which he signs (under the common law rule of caveat subscriptor – “beware of what you sign”) – which includes...

Plumbing Certificate

PLUMBING CERTIFICATE: A REQUIREMENT FOR PROPERTY TRANSFERS IN THE CITY OF CAPE TOWN: The City of Cape Town recently passed a by-law in terms of which it is required that a plumbing certificate issued by an accredited plumber is emailed to Council prior to registration of transfer.

Property Rates Bill

Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS PROPERTY RATES BILL: The Local Government Municipal Property Rates Bill came into effect on the 1st of July 2004 and has caused much debate in South Africa. In this article is an overview of important sections which will ultimately affect the rates and taxes that will be paid by each property owner in South Africa.

Property Transfer

Author : Dykes, van Heerden – ATTORNEYS & CONVEYANCERS STEPS TAKEN TO EFFECT TRANSFER OF A PROPERTY

Proposed Amendments

Author : Lea Jacobs Property Professional March/April 2011 It’s time to brush up on those human resources skills The proposed amendments to the labour laws will directly affect the property industry, writes Lea Jacobs Principals who bury their heads in the sand,...

Purchasers Cooling Off Right

Estate Agency Affairs Board [EAAB] PURCHASERS COOLING OFF RIGHT:[Under the Consumer Protection Act [CPA] relating to Properties with a Purchase Price up to and including R 250 000.00 …

The Demolition Danger: Building Without Approved Plans

THE DEMOLITION DANGER: BUILDING WITHOUT APPROVED PLANS June 2013 A new High Court decision highlights once again the need to have your building plans approved before you build. The saga starts… This story begins way back in 2004, with the owner of a rural Guest...

The Transfer Process

Author : Roz Wrottesley Doing the Deed!! November 12 2013 “This article was first published in the third-quarter 2013 edition of Personal Finance magazine.”

Unpleasant CCMA Surprises for Employers

Author : Labour Law Management Consulting 21 August 2012 This article was first published on the SA Labour Guide website A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never...

Validity of the VOETSTOOTS clause – March 2013

Author: The Supreme Court of Appeal of SA Judgment Neutral citation: Banda v Van der Spuy (781/2011) [2013] ZASCA 23 (22 March 2013 Heard:7 March 2013 Delivered:22 March 2013 VOETSTOOTS: Summary: Knowledge by the sellers of a house that its roof was latently defective...

When is a Sale of Businesses Voidable?

Author : Mark Fiandeiro – BOUWER KOBELI MORABE 14 August 2012: In terms of section 34 of the Insolvency Act, if anyone transfers any business that belongs to them in terms of an agreement, or even the goodwill of such business, or any of the business’ goods or...