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//B Lubbe & Associates

Your House Burns to the Ground: Can You Hold the Seller Liable?

28 Jul 2025
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“Time shall unfold what plighted cunning hides.” (William Shakespeare, in King Lear) A recent High Court judgment confirms, yet again, that if a property seller knows about a hidden defect and keeps it quiet, no exemption clause will save them. A loud roar, rolling flames, and a...

Divorce 101: A Simple Guide to the Legal Side

28 Jul 2025
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“You can’t go back and change the beginning, but you can start where you are and change the ending.” (C.S. Lewis) Divorce is traumatic, to the extent that it’s widely considered to be the second most stressful life event (behind only the death of a spouse, and ahead of...

What Can You do When a Director Deadlock is Killing Your Company?

28 Jul 2025
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“Diplomats operate through deadlock, which is the way by which two sides can test each other’s determination.” (Henry Kissinger) Running a business with a partner can work brilliantly – until it doesn’t. When co-directors or shareholders fall out and can no longer see eye...

Hamburger From Hell Takes a Bite out of Restaurant’s Profits & Reputation

28 Jul 2025
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“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and illness...

A Bond Clause Deadline Whooshes by and a Sale Dies – Can You Revive it?

25 Jun 2025
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“I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams in The Salmon of Doubt) Contracts often contain suspensive conditions, a common example being the bond clause in a property sale agreement. The standard bond clause provides that the buyer must...

A Thought for Mandela Month – How Does Ubuntu Impact Your Legal Rights?

25 Jun 2025
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“In Africa there is a concept known as ‘ubuntu’ – the profound sense that we are human only through the humanity of others.” (Nelson Mandela) International Nelson Mandela Day is celebrated worldwide on 18 July every year, but in South Africa the whole of July is Mandela Month....

What’s the Normal Retirement Age? It’s Complicated, as The Plumber’s Tale Proves

25 Jun 2025
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“When cognitive capacities are the focus, the 70s are the new 50s.” (IMF) Fake news articles suggesting that South Africa was implementing a new standard retirement age policy, supposedly from 30 May this year, recently went viral on social media. Convincingly structured to look...

Private Prosecution: Neighbours at War

25 Jun 2025
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“I charge you by the law.” (William Shakespeare in The Merchant of Venice) Victims of crime are entitled to see the perpetrators brought to justice. Feeling that the justice system has failed you can cause significant psychological harm and feelings of victimisation. So, what...

A R4.25m Warning to Choose Your Conveyancer With Care

27 May 2025
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“Trust me, I’m a lawyer.” (Popular T-shirt slogan) South African property buyers and sellers will have been cheered by news that we are now officially the most affordable country in the world in which to buy a home. We’re only a nose ahead of the USA and Bahrain in this...

Restraint of Trade: Fatal Vagueness Means no Father Christmas to the Rescue

27 May 2025
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“The legal principles, as I understand them, do not confer on me the powers of Father Christmas. I cannot rescue the un-rescuable.” (Quoted in the judgment below) We all want loyal, competent staff who remain motivated to stay with us in the long term, but the reality is that a...
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