Beware Early Occupation
The risks of allowing your purchaser early occupation of your property before it has been transferred into their name can be far-reaching and severe. The following are just some of the things that can go wrong: One of the parties can die; The purchaser may find...
How to Ensure a Smooth Disciplinary Hearing
How to Ensure a Smooth Disciplinary Hearing We have already canvassed in previous blogs the importance of a disciplinary hearing (“Hearing”) being held before any employee is dismissed, to ensure procedural and substantive fairness. Planning for possible...
Choose The Conveyancer For Your Transfer
Sellers take note: You should choose the Conveyancer for your Transfer. Why is it that the seller gets to choose which conveyancer attends to the transfer of immovable property, but the buyer has to pay that conveyancer? We have a strange system in South Africa...
Buy and Sell Agreements
Buy and Sell Agreements What happens to an owner’s shares in a business if that owner dies, becomes disabled or terminally ill? The other owners can protect themselves with a buy and sell agreement. It sometimes happens that one of the owners in a business dies or...
A Valid Fidelity Fund Certificate
Property Practitioners Need to Have a Valid Fidelity Fund Certificate Administrative problems at the Estate Agency Affairs Board (“EAAB”) have made life difficult for some estate agents, particularly with regard to the claiming of commission on sales of...
Transfers: Rates Department Operations During Lockdown
Rates Department Operations During Lockdown The Municipal Rates Department operations during lockdown have changed. From 13 May 2020, municipalities are allowed to perform various legislated functions including operations relating to municipal services and...
Utilising the common property during lockdown
Is utilising the common property prohibited during lockdown? We have received queries from various clients as to whether owners are restricted in terms of the lockdown to their units, or whether they are entitled to continue utilising the common property. In...
Transfer Duty Changes
Transfer Duty Changes: How does this affect your purchase? The recent budget speech has changed the method of calculating transfer duty on the sale of immovable property. Any sale concluded after 1 March 2020 will have transfer duty payable in accordance with...
Employment Contract Termination
Employment Contract Termination While it may seem like an obvious and simple aspect of employment law, many employers find themselves at the CCMA for unfair dismissal or unfair labour practice because the employment contract termination was not done properly. The...
Eviction
Eviction For any landlord, non-payment of rental by tenants and their subsequent eviction can be an extremely stressful experience, particularly when the landlord depends on that rental for the landlord’s living expenses. At Fourie Stott, our goal is to ensure that...