B Lubbe & Associates Attorneys LawDotNews, Author at B Lubbe & Associates Attorneys

Can You Sign an Affidavit Over Zoom?

25 Jun 2024

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“These technological developments would have seemed far-fetched and science fiction a brief few years ago.” (Extract from judgment below) It’s an important question – the invalidity of an affidavit could sink even the strongest case, so it’s vital to get this right. Of cours...

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

27 May 2024

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“A verbal contract isn’t worth the paper it’s written on” (Samuel Goldwyn) Perhaps you are a seller marketing your property through an estate agency, or a buyer asking an agent to find you one, or a landlord employing an agent to let out your property. Whatever the...

Cannabis Policies in the Workplace: A Delicate Balancing Act

27 May 2024

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“It is declared that the [employer]’s Alcohol and Substance Abuse Policy is irrational and violates the right to privacy in section 14 of the Constitution, to the extent that it prohibits office-based employees that do not work with or within an environment that has, heavy,...

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

27 May 2024

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“It is the purpose of this Act to afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Domestic Violence Act) When sibling rivalry escalates into physical or psychological abuse, victims should take advantage of the very...

Contracting with Trusts – Is a Majority Resolution Valid?

27 May 2024

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“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides yet another...

In the Land of the Will, Clarity is King

25 Apr 2024

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“The golden rule for the interpretation of testaments is to ascertain the wishes of the testator from the language used. And when these wishes are ascertained, the court is bound to give effect to them, unless we are prevented by some rule or law from doing so.” (Quoted in the...

Rising Damp and Failed Waterproofing: How to Sue the Sellers

25 Apr 2024

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“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a lack of...

The Pothole Plague – Claiming Damages

25 Apr 2024

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“If cars are required to be roadworthy, shouldn’t roads be required to be car-worthy?” (Online meme) If you fall victim to a pothole-infested road, don’t hesitate to sue for your losses. A recent High Court victory for a motorist claiming R8.6m in damages confirms yet again that...

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

25 Apr 2024

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“In life, we never lose friends, we only learn who the true ones are” (Unknown) Lending money to a friend or family member in need sounds like a natural and informal sort of thing to do. But beware – if relations sour and your friend/relative can’t or won’t repay you, you may not...

Property: Why Do You Need an Occupancy Certificate Before You Buy?

25 Mar 2024

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“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into your name, and move in. But then disaster strikes. The Municipality...

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Can You Sign an Affidavit Over Zoom?

Why an Oral Estate Agency Mandate Isn’t Worth the Paper It’s Written On

Cannabis Policies in the Workplace: A Delicate Balancing Act

Siblings Feuding Over a Business: Can You Get a Domestic Violence Protection Order?

Contracting with Trusts – Is a Majority Resolution Valid?

In the Land of the Will, Clarity is King

Rising Damp and Failed Waterproofing: How to Sue the Sellers

The Pothole Plague – Claiming Damages

Lending to a Friend or Relative – When Must You Register as a Credit Provider?

Property: Why Do You Need an Occupancy Certificate Before You Buy?

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