Newsletters 2018

Security Estates: Are Your Rules Enforceable?


February 2018

Buying into any form of community scheme means binding yourself to comply with all the scheme’s rules and regulations. Read and understand these rules before you buy - our courts will usually hold you to them.

But not all rules are legally enforceable, and there’s a strong warning for security estates in a recent High Court case where estate speed limits and restrictions on the movement of domestic employees were challenged and found wanting.


Can You Still Sell As Is? CPA v The Voetstoots Clause


March 2018

When buying or selling a house, a car, or anything else, you should be clear on whether or not things can still be sold "as is" i.e. without any warranty against defects.

There has been much speculation as to whether or not the very common "voetstoots" clause has been killed off by the strong buyer protections contained in the Consumer Protection Act, and we analyse this question in regard to sales of both movable and immovable property.


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