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When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse

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“Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in love with that old dump?” haunt you. You may have a...

BFFs no More: The Verbal Agreement That Cost R1 Million

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“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed – most...

Fixed Term Contracts: A Guide for Employers and Employees

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It’s vital for both employers and employees to understand the practical and legal differences between permanent and fixed term employment arrangements. What is a fixed term contract? A fixed term contract is a temporary employment arrangement with a specified start date and an...

Can a Body Corporate Cut the Power? It’s Complicated

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“A body corporate’s lot is not an easy one.” (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process....

Budget 2.0: A Mixed Bag, With Good News for Property

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“Good in parts” (Like the curate’s egg) Transfer duty threshold increased by 10% You pay no transfer duty if the property you are buying sells for less than the set threshold. The threshold wasn’t increased last year, so this year’s proposed 10% increase from R1,100,000 to...

Why You Should Check That Your Estate Agent is Registered With the PPRA

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“All that glisters is not gold” (William Shakespeare in Merchant of Venice) Buying or selling a home could be one of the most important financial decisions you’ll ever make. It’s an exciting time – but don’t lose sight of the need to tread with care.  A key player in the...

Disclaimer Notices: How to Strengthen Yours

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“The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer.” (Will Rogers, cowboy and actor) We’ve all seen (and probably ignored) disclaimer notices as we enter shopping centres, restaurants, businesses, hotels, sporting...

Verify Banking Details Before Paying Any Invoice – You’re at Risk, Not the Creditor

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“An ounce of prevention is worth a pound of cure.” (Benjamin Franklin’s warning to fire-threatened Philadelphians in 1736) Cases of Business Email Compromise (BEC) fraud continue to surge, and recent High Court decisions have confirmed that it’s up to you to verify that you...

Employers and Employees Take Note: New Earnings Threshold from 1 April 2025

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From 1 April 2025, the earnings threshold under the Basic Conditions of Employment Act (BCEA) will increase, impacting not only the BCEA but also employee protections under the Labour Relations Act (LRA) and Employment Equity Act (EEA).  Broadly speaking, employees...

Mortgage Bond Arrears: Can You Challenge a Certificate of Balance?

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“O, I do not like that paying back.” (Falstaff, in Shakespeare’s Henry IV Part I) A standard clause in loan agreements, suretyships and the like is the “certificate of balance” or “COB” clause.  Typically, it will read something like this (but normally with a lot more verbiage,...

From the Horse’s Mouth: “Should You Use AI for Legal Advice?”

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“If you didn’t hear it from the horse’s mouth, it came from the other end of the horse.” (Anon) The rapid rise of AI is hard to ignore. DeepSeek’s AI assistant, only launched on 10 January this year, has grown to rival ChatGPT in popularity, making it the most widely used AI...

Defending Yourself: What Weapons Can You Legally Carry?

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“The right of self-defence is the first law of nature.” (St. George Tucker, Blackstone’s Commentaries, 1803)  South Africa’s chronically high crime rates have left many of us wondering what the limits are when defending ourselves and our families from criminals. What...

Effective 1 March 2025: New National Minimum Wage

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The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2025 by 4.4% from R27,58 per hour to R28,79 per hour.  Domestic workers: Assuming a work month of 22 days x 8 hours per day, R28,79 per hour equates to R230,32 per day or R5067,04...

A Complex Issue: Beware Late Building Penalties

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“Home wasn’t built in a day.” (Jane Ace, radio comedian) You find the perfect plot on which to build your dream home in a security estate. Your offer is accepted and transfer proceeds – happy days! So, imagine your distress when, having proudly taken ownership, you are...

Do You Need a Second Will for Your Overseas Assets?

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“Only put off until tomorrow what you are willing to die having left undone.” (Pablo Picasso) If you own assets outside South Africa, you may have wondered: Is my local will enough? This is a question many South Africans are asking, and the answer will depend on your own unique...

Braai Chain Hauled Over the Coals for Hidden Service Charges and Fined R1m

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“The secret of life is honesty and fair dealing… If you can fake that, you’ve got it made.” (Groucho Marx) We’ve all had this experience – meal over, relaxed and happy, you call for the bill and decide to reward your friendly and helpful waitron with a good tip. Only to find, on...

Employers: How to Avoid Paying Severance Pay on Retrenchment

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“Only in our dreams are we free; the rest of the time we need wages.” (Terry Pratchett) Retrenching employees can be an expensive business. You’ll have to pay each employee a minimum of one week’s pay for each completed year of ongoing service, and that total liability can add up...

How Can I Buy Property in South Africa as a Foreigner?

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“I never knew of a morning in Africa when I woke up that I was not happy.” (Ernest Hemingway)  Are you a visitor dreaming of waking up with giraffes on your lawn and wondering how to make it happen? Or a local being asked by overseas friends and relatives: “This country’s...

Directors: Here’s How to Avoid Being Sued for Company Debts

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“To be prepared is half the victory.” (Miguel de Cervantes, author of Don Quixote) Perhaps you’re a director losing sleep over the risk of losing everything if creditors sue you personally for your company’s debts because you’re asset-rich, and they can’t squeeze anything out of...

A New School Year Dawns – Can Unpaid Fees Bar Your Child From Enrolling?

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“I have never let my schooling interfere with my education.” (Mark Twain) Our Constitution guarantees everyone rights to education, but that doesn’t mean parents can necessarily pick and choose which schools they send their children to. Nor does it mean that they can expect...

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