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?
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.
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....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.
Married “out” of Community of Property – For Better or For Worse…
Up until 01 November 1984, if you were married out of community of property, it meant that on divorce, whatever was yours was yours and his was his – irrespective what each one contributed to the marriage, whether financially or otherwise…
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...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 …
When does the Consumer Protection Act apply to property sales?
The wave of publicity that accompanied South Africa’s widely-praised Consumer Protection Act has in some cases led buyers (consumers) to believe that they are afforded a blanket protection covering every commercial transaction in which they are involved…
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...WHY A ’72 HOUR’ CLAUSE? – 7 July 2020
The ’72 hour clause’ (or ‘continued marketing clause’) is somewhat of an enigma for a first time buyer or seller and we therefore explain here how it works. It is important to consider the exact wording of the ’72 hour clause in each and every sale agreement…
Women in customary marriages now have equal rights to marital property – 9 September 2019
Section 7(1) and (2) of the Recognition of Customary Marriages Act (RCMA), 1998 (Act 120 of 1998) discriminated unfairly against women in customary marriages, but were declared constitutionally invalid and have now been brought in line with the judgment of the Constitutional Court in 2017.