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Dodgy Deck: When a Property Defect is Your Problem, Not the Seller’s

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“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs claimed of just over R100 000. The facts are not complicated. But the legal battle that...

Estate Planning: The Ambush Tax Lurking in the Wings

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“I can’t afford to die; I’d lose too much money.” (George Burns, comedian) At the heart of any estate plan lies your will. Pair it with a file containing all the information and documents that your executor and heirs will need to wind up your estate, and you’ve laid a...

Your Property Purchase Collapses: Can You Get Your Deposit Back?

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“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly less than the original price. What happens...

Married Out of Community of Property? You May Still Be Entitled to a Share

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Couples who sign antenuptial contracts often believe they have permanently settled the question of money in their marriage. What is mine stays mine. What is yours stays yours. Not so fast. The Constitutional Court recently expanded access to redistribution orders for spouses...

Bodies Corporate and HOAs: Apply Your Rules With Common Sense, or Else

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The administrators of residential complexes tread a fine line. They must implement and enforce conduct rules for the good of the complex as a whole, but without unjustly impinging on the constitutional rights of individuals. A recent Supreme Court of Appeal decision, granting a...

Bad Manager or Workplace Bully? Where the Law Draws the Line

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Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line? A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. ...

She Fell Out of a Safari Vehicle: When Disclaimers Fail

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Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question....

Reckless Lending: You Could Lose Everything

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Before you make a loan to anyone, be sure to comply fully with the strict requirements of the National Credit Act. If you don’t, you could lose your loan entirely, with a recent High Court decision providing a stark reminder of the consequences. The Court declared a R430,000...

Buying a House: What Costs Will You Pay, and When?

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It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house...

Director Delinquency Declarations: Managing Your Risk

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The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences. We’ll discuss one of those risks – the...

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