Articles

Buying Property for a company-to-be-formed: Watch your wording! - October 2011 You have found the perfect property, at the right price - now can you buy it in the name of a company that has not yet been incorporated?- Read More

"Splitting Heirs" Wills and the Dangers of Dispute - September 2011Immortality being (currently) beyond our reach, and death sometimes sudden, everyone - young and old - should have a will. Dying "intestate" means forfeiting your rights to choose: - Read More

The 'Sweeping Sea Views' Sales Pitch - Get it in writing - August 2011A recent Supreme Court of Appeal decision highlights the dangers of relying on anything said in the course of a "sales pitch" when buying a property. Firstly, the facts: - Read More

Directors: Delinquency Declarations (And other Dangers)! - July 2011In addition to an increased risk of incurring personal liability to creditors and other stakeholders, directors now also face the danger of being declared "delinquent" or being placed under "probation" - in some cases even if they are merely negligent rather than deliberate in their non-compliance...Read More

Don't Bank on a River View! - June 2011The entitlement of property owners to a view "has become a luxury" and is "a matter of delight and not necessity" said the High Court recently...

Read MoreWarning - Last Minute Surprises in the CPA! - May 2011Consumers and suppliers must deal with several last minute surprises sprung on us when the Consumer Protection Act ("CPA") came into effect on 1 April, including....Read More

Transfer Duty Down - How much will you save? - April 2011How will you (and the property market generally) benefit from the proposal in Budget 2011 to reduce transfer duty? Read More

Consumer Protection and Property Panic - Who is at risk? - March 2011Property sellers, estate agents and landlords - many of your deals will be subject to the requirements of the new Consumer Protection Act ("CPA"), so prepare for them now! Read More

Blunt pencils, Servitudes and Verbal Contracts - February 2011Whilst most verbal agreements are binding in South African law, first prize is always to record them in writing. Otherwise you risk doubt, dispute and delay down the line... Read More

Rates Clearance Certificates in the Transfer Process and the Local AuthorityJanuary 2011 Read more

Sellers beware surprise commision claims! January 2011What should you do, as seller of a property, if the buyer assures you that he/she was not introduced to the property by any estate agent, and that you are accordingly not liable for any commission? Read More

Liability of Directors for environmental damage and remediation August 2010While there exist, in South Africa, reporting requirements in terms of King 3, the scope of applicability of these requirements is far more limited than the potential liability that can be incurred in terms of the National Environmental Management Act (NEMA). King 3 deals mainly with sustainability, whereas, as will be seen from the brief analysis below, NEMA has a far broader scope. Read More

The possibility of executing a judgement obtained in the high court against a creditor living abroad August 2010There are Acts of parliament, both South African and in other countries which apply to enforcement of a foreign judgment. As an example (an example, I believe, which is pertinent), I shall be using the situation as is current between Australia and South Africa. . Read More