Newsletters 2018


Security Estates: Are Your Rules Enforceable?

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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.

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

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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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How to Avoid Disputes over Jointly Owned Property
 
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April 2018


Pooling your resources with someone else to buy property can make a lot of sense, whether you plan to share a house, a holiday home, an office or just an excellent investment.

Just remember the old Roman law maxim “co-ownership is the mother of disputes”. Plan upfront for the day that relationships sour or disagreements arise. Otherwise you risk all the hassle, cost and delay of dispute and litigation.

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Facebook Defamation – The Truth is not Enough!

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May 2018

No one wants to be sued for defamation. Apart from the public embarrassment (the media loves this sort of story, particularly where there’s a Social Media angle), emotions tend to run high so you will be embroiled in litigation that is as unpleasant as it is costly and time-hungry.

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What Happens If You Cancel Your Lease Early?

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June 2018
 
Whether you are a tenant or a landlord, chances are that sooner or later you are going to be asking yourself the question “What happens if the lease is cancelled early?”

Of course there are no free lunches in life, and a tenant wanting to cancel before the lease has run its full course is going to have to pay at least something for the privilege.
 
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How to Escape from a Property Suretyship
 
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July 2018
 
You are a director of a company entering into a good, sensible property deal which you have researched thoroughly. So when you need finance from the bank and the bank says “sure, your company can have a R5m loan, just sign this personal suretyship here”, you sign
 
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Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?
 
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August 2018
 
As a Body Corporate trustee you will understand how important it is to collect arrear levies from defaulting owners. And of course as a section owner you have a personal stake in the process. When normal debt collection processes fail, what do you do?
 
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Do You Need a Will?
 
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September 2018
    
We all die, and we all know that it is up to us to ensure the happiness and well-being and protection of our loved ones long after we are gone.  But it’s not easy to contemplate our own mortality, nor is it easy to find the time in our busy schedules to attend to even the basics of doing so. 
 
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Selling Your House: Disclosing Defects
 
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October 2018

When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots ("as is" or "without any warranty") clause in your sale agreement.
 
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Immigration reform and economic development – Are they two sides of the same coin?
 
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November 2018
 
On Monday, 25 September 2018, the Minister of Home Affairs (the Minister), Mr Malusi Gigaba, announced a number of amendments to immigration legislation that will be implemented in the coming months.

These reforms are aimed at promoting foreign investment, encouraging the migration of critically skilled labour into South Africa and increasing tourism. Ultimately, the immigration reform announced by the Minister is aimed at boosting economic growth and counteracting many of the unintended consequences of the 2014 Amendments to the Immigration Act of 2002, which, in turn, particularly impacted negatively on tourism.
 
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