by Vicky | 07, 03, 19 | Uncategorized
Small Claims Court – When is it the right option?
Whilst we as a firm do our utmost to render our legal services at a reasonable cost, the nature of litigation is such that a successful litigant may not be able to recover all amounts claimed from a defendant if that defendant has no executable assets. This risk is increased where the amount claimed is a small amount because legal costs can sometimes outweigh the amount of the claim.
In such matters, you may want to approach the Small Claims Court. This is a free remedy where disputes are generally heard by attorneys acting as small claim court commissioners. No legal representation is permitted, although prior advice may be obtained at your own cost.
The current monetary limit on claims in the Small Claims Court is R12,000.00, but this is due to increase to R20,000.00 from 1 April 2019. If you as an individual have a claim for damages within this amount, and you are uncertain as to whether pursuing a defendant may be “throwing good money after bad”, this may be the correct forum for you.
The necessary contact details, as well as the details of which disputes may be heard at the Small Claims Court can be found at here.
by Vicky | 27, 02, 19 | Uncategorized
Voetstoots – What should a Buyer and a Seller do?
Voetstoots is a standard clause in an immovable property sale agreement which protects the Seller, stating that the property is purchased “as is”.
It is critical that Buyers inspect their prospective immovable property with a high degree of care and diligence. We highly recommend obtaining a home inspection report or other expert report, so that a purchase can be made with complete clarity on what constitutes “as is”.
Some questions that a Buyer should ask and record in writing are the following:
- Does the roof leak?
- When last were there issues with plumbing?
- Have any wooden items been replaced/treated?
- When was an electrician last called to the property?
- Are the architects plans up to date?
- Are there any restrictive or onerous conditions in the title deed?
- When was the geyser last replaced?
Although legally the responsibility is on the Buyer to properly inspect a property prior to its purchase, a Seller may avoid a potential legal dispute by disclosing any latent defects, of which the Seller is aware, in writing, prior to conclusion of the sale agreement.
For more detailed information on voetstoets and what it means in an immovable property transaction, please read our Voetstoots newsletter.
by Vicky | 19, 02, 19 | Uncategorized
What is a Notary?
A notary is an attorney who has passed an additional specialist exam. And who has been admitted as one by the High Court. They are afforded a high degree of trust, and in return are expected to act with the highest degree of good faith.
There are some common areas in which one would require a notary. One would be to execute an antenuptial contract when getting married, the other is to authenticate documents for use outside of South Africa. (As well as for some institutions within South Africa).
For more information please refer to Newsletter 12/2013 (Antenuptial Contracts) and Newsletter 18/2015 (Notarial Authentication of Documents).
We have a number of notaries in our firm so please contact us for notarial assistance. Or send an email to kerry@fouriestott.co.za
by Vicky | 07, 02, 19 | Uncategorized
Immovable property transactions, Voetstoots and the CPA
The Voetstoots clause essentially protects the Seller by seeking to deprive the Buyer of any recourse against the Seller, if the property has any latent or patent defects. Latent defect are discovered by a thorough inspection prior to sale, while patent defects are visible on inspection.
“Voetstoots” is a standard clause in an immovable property sale agreement. It protects the Seller by stating that the property is purchased “as is”.
The Consumer Protection Act, 2008 (“CPA”) only applies to sale transactions where the Seller sells the immovable property in the ordinary course of the Seller’s business. This places restrictions on voetstoots clauses.
Where the CPA does apply, a Seller will find it difficult to rely on the voetstoots clause. However, as the CPA does not apply to “once-off” transactions, voetstoots (as we know it) still applies to the majority of immovable property transactions.
For more advice on voetstoots, the CPA and immovable property transactions, please contact us or send as email to Stuart@fouriestott.co.za or Vicky@fouriestott.co.za
by Vicky | 23, 01, 19 | Uncategorized
Contracts: Know who you are dealing with?
We have come across many instances where clients thought they were contracting with party A, but subsequently discovered they were contracting with party B. This presents significant risk to clients as they may be unable to enforce their rights or recover lost money from the party they thought they were dealing with. Don’t let this be you!
In order to maximise your ability to recover if things go wrong we recommend:
Know who you are dealing with
The person in front of you may be representing a company or other entity and may not be the party against which your remedy may lie.
Do some research
Online searches and following up on their references are always useful. An isolated bad review may not be conclusive, but a number of bad reviews may signify a trend.
Written Agreement
Make sure a proper written agreement or contract is in place which clearly reflects the rights and obligation of each party. Be wary of committing to payment of substantial amounts in advance, particularly in tough economic times. This step is where an attorney can be invaluable in assisting you to assess and minimise your risk.
Seek Legal Advice
If you are not happy with the performance of the other party, seek legal advice as soon as possible to make sure that you have the best prospects of enforcement or recovery, should it be necessary. Contact us for more information.
