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It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

29 Aug 2022
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“A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted” (High Court Rules) Selling a house in...

Website of the Month: Seven Steps to Becoming a Successful Landlord

29 Aug 2022
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“Landlords grow rich in their sleep” (John Stuart Mill) Earning passive income as a landlord is an attractive proposition which can generate substantial wealth, but before you rush into anything be sure to know exactly what you are doing. “From homeowner to landlord: how to make...

12 Questions to Ask Before You Sign That Deed of Sale

26 Jul 2022
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“Knowledge is power” (old proverb) Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly true when it...

Directors – When Are They Personally Liable?

26 Jul 2022
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“… for the benefit of immunity from liability for its debts, those running the corporation may not use its formal identity to incur obligations recklessly, grossly negligently or fraudulently. If they do, they risk being made personally liable.” (Quoted in the judgment below)...

The Trouble with Family Loans: A R540,000 Lesson

26 Jul 2022
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“How sharper than a serpent’s tooth it is to have a thankless child!” (Shakespeare) “Family helps family in times of need” – that’s been part of human culture since long before the dawn of history but be sure to observe all legal formalities. A recent High Court...

Fired for Off-Duty CBD Oil Use and Cannabis Smoking

26 Jul 2022
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“… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does not offer any protection...

Website of the Month: Solar Power and the Insurance Risk

26 Jul 2022
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With our loadshedding woes unlikely to go anywhere soon, more and more property owners are looking to solar power as an alternative to relying on Eskom. Just be careful that you don’t fall foul of your insurers in the process. “Rules homeowners should know before installing solar...

Buying and Selling Property: Who Pays What Costs?

27 Jun 2022
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“Risk comes from not knowing what you’re doing” (Warren Buffett) Don’t risk not knowing what you’re doing when you either sell or buy property. Avoid nasty shocks by budgeting properly for the costs you will incur – some of them can be substantial, and some are less obvious than...

Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?

27 Jun 2022
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“Love is grand. Divorce is a hundred grand.” (Anon) That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision addressed one such scenario – Trusts may be formed for a variety of reasons, and the purpose and structure of each...

Bodies Corporate: Forcing Access to Units, and Round Robin Resolutions

27 Jun 2022
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Owning your own property comes with a raft of benefits, including a general right to privacy and control over who can access your property and who can’t. But of course there are exceptions. And apart from the obvious ones, a recent High Court judgment highlights one that is...
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