When Litigation is Needed
For many reasons South Africa has had a difficult year. In tough financial times debtors may increasingly fail to settle their accounts and litigation may be a life line for your business. With the wrong advice, litigation can be expensive, time consuming and only end...
The Importance of a Shareholders Agreement
Why do you need a Shareholders Agreement? Humans are relational beings and, regardless of good intentions, life does not always go according to plan. That is why, when you have more than one shareholder in a company, it is vital that you have a shareholders agreement...
When Tenants Behave Badly – Residential Evictions
Navigating Residential Evictions Residential evictions are unfortunately a common occurrence, particularly in times of recession and rising living costs. Furthermore, a tenant refusing to vacate the premises often goes hand in hand with the same tenant being in...
How the Conveyancing Transfer Process Works
Conveyancing Transfer Process The Conveyancing transfer process usually takes approximately 8 - 12 weeks and the steps are as follows: Step 1: Agreement, Suspensive Conditions & Transfer Documents The transfer process begins with a sale agreement. Once the...
Ethics – Is your attorney ethical?
When times are tough, unethical behaviour becomes more common and, as unethical behaviour often leads to fraudulent and illegal activities such as corruption, the costs add up. The legal profession is required to maintain an unquestionable standard of ethics and...
“Voetstoots” – Buyer Beware!
The “voetstoots” clause is familiar to most of us. This is a standard clause in a sale agreement which protects the Seller by stating that the property, whether movable or immovable, is purchased “as is”. This clause therefore seeks to deprive the Buyer of any...
RETENTION AND USE OF PERSONAL INFORMATION
The protection of personal information is paramount these days with the advancement of computers and the internet. It is vital that both public and private bodies know what their rights and duties are in terms of The Protection of Personal Information Act 4 of 2013...
Sectional Title – Tenants
Communal living in a sectional title complex (“Scheme”) can be difficult at times because it involves a wide range of people with diverse needs, interests, languages, and cultures which sometimes clash. The ability to live harmoniously can also be difficult due to the...
VOID SALE AGREEMENTS – CAN THEY BE REVIVED?
A sale agreement in respect of immovable property is not valid unless certain formalities are complied with in. In particular, Section 2 (1) of the Alienation of Land Act 68 of 1981 provides that: “No alienation of land after the commencement of this section...
Rouwkoop and Penalty Clauses in Sale Agreements
A rouwkoop clause comes from our common law. The word is derived from the Dutch words meaning “regret” and “purchase”. In essence, it is a clause in an agreement that entitles a party to that agreement to pay an agreed sum of money in order to be allowed to withdraw...