Blog

02 Aug 2022
By Andrew Goldschmidt
12 Questions to Ask Before You Sign That Deed of Sale

12 Questions to Ask Before You Sign That Deed of Sale

Articles
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 comes to any form of process with significant legal consequences, so here are some of the important questions you should ask upfront, before you commit to anything - 1. What do all the terms and conditions (particularly the legal-speak bits) in the Deed of Sale mean in practice? 2. Are my rights adequately protected and my risks minimised by the…
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04 Jul 2022
By Andrew Goldschmidt
Verbal agreements – not much good, but lots of bad and ugly

Verbal agreements – not much good, but lots of bad and ugly

Articles
A common myth – one that can get you into a whole lot of trouble if you aren’t alive to it - is that verbal contracts are not legally enforceable in South Africa. The opposite is true. With very few exceptions, our law will hold you to all your agreements, whether oral or written. What verbal agreements aren’t binding? Not many. Only a few types of agreement must be in writing to be fully valid, the most common being contracts for the sale, exchange, or donation of land or of any “interest in land”, ante-nuptial contracts (ANCs); and deeds of…
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04 Jul 2022
By Andrew Goldschmidt
Rights of admission reserved and the latest mask polices

Rights of admission reserved and the latest mask polices

Articles
President Ramaphosa announced the termination of the National State of Disaster on 4 April 2022. The two-year long regulatory scheme came to an end as all regulations established under S27(2) of the Disaster Management Act 57 of 2002 were repealed. However, the repeal persevered certain transitional provisions which were to be terminated 30 days after the President’s announcement. On 4 May 2022, a month later, the Minister of Health, Dr Phaahla, published Regulations Relating to the Surveillance and Control of Notifiable Medical Conditions which amended Regulation 16 under the National Health Act 61 of 2003. The insertion of Regulations 16A…
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03 Jul 2022
By Andrew Goldschmidt
Bodies Corporate: forcing access to units, and round robin resolutions

Bodies Corporate: forcing access to units, and round robin resolutions

Articles, ,
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 of The Body Corporate of the Sorronto Sectional Title Scheme, Parow v Koordom and Another (5439/2021) [2022] ZAWCHC 99 highlights one that is particular to sectional title schemes. It involved a unit owner whose “recalcitrant actions” prevented a body corporate from entering his unit to check for a water leak. A recalcitrant unit owner blocks access…
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02 Jul 2022
By Andrew Goldschmidt
Trusts on divorce: Are you stuck with an ex-spouse as a trustee?

Trusts on divorce: Are you stuck with an ex-spouse as a trustee?

Articles
Trusts may be formed for a variety of reasons, and the purpose and structure of each trust will inform the choice of trustees. When it comes to families aiming to preserve and protect family assets for future generations, often both spouses are appointed not only as beneficiaries, but also as trustees. That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision in PM N.O and Another v DM N.O and Another (26855/2021) [2022] ZAGPPHC 313 addressed one such scenario – ‘Not the Titanic’ – this marriage took six years to sink In…
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02 Jul 2022
By Andrew Goldschmidt
Buying and Selling Property: Who Pays What Costs?

Buying and Selling Property: Who Pays What Costs?

Articles,
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 others. The checklists below are of necessity not exhaustive and you would do well to take specific professional advice and to get cost quotes before you finalise your financial planning. The costs you will pay as purchaser In the excitement of buying a house (particularly if it’s your first one!) it’s easy to underbudget and forget all the amounts of money…
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08 Jun 2022
By Andrew Goldschmidt
New Ruling on Divorce Assets: How Does it Affect You?

New Ruling on Divorce Assets: How Does it Affect You?

Articles
You may have read of the recent High Court decision in GKR v Minister of Home Affairs and Others, Gauteng Division (Pretoria) Case No: 40023/21 declaring a section of the Divorce Act invalid. To understand the importance of this new ruling for many couples about to divorce (and for all couples about to marry), let’s start at the beginning - A recap - your 3 choices of “marital regime” on marriage You can marry in community of property All of your assets and liabilities are merged into one “joint estate” in which each of you has an undivided half share.…
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08 Jun 2022
By Andrew Goldschmidt
Landlords: Zoning Law Contravention Could Invalidate Your Lease

Landlords: Zoning Law Contravention Could Invalidate Your Lease

Articles
Here’s yet another warning from our courts of the importance of complying with your local municipal zoning laws, whether you buy property to live in, as a capital investment, or to let out. One risk for a landlord is finding yourself with an invalid lease and no claim against your tenant. A recent High Court decision in Swart v Bergh N.O and Others (A79/2020) [2022] ZAFSHC 64 (25 March 2022) illustrates - The unlawful coffee shop and the invalid lease A landlord rented premises to a tenant for use as a coffee shop, home industry and restaurant. The tenant also…
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04 Apr 2022
By Andrew Goldschmidt
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What Can You Do When Someone Close to You Has No Control Over Their Spending?

What Can You Do When Someone Close to You Has No Control Over Their Spending?

Legal,
What can you do when someone you know (often but not always an elderly relative and/or someone with a gambling, drug or drink problem) starts squandering their money and property irresponsibly and recklessly? Note that we are talking here not about a mentally ill person but about someone “of sound mind but unsound habits”. The good news is that you don’t have to look on helplessly while they spend themselves (and their dependants if they have any) into destitution. Our law provides a remedy in the form of a High Court order declaring the person to be a “prodigal” and…
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04 Apr 2022
By Andrew Goldschmidt
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Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

Legal
Employee theft has been a headache for employers from the dawn of history, and no business should ignore the dangers it poses, particularly if your business handles third-party high value goods. Your chances of being sued if one of your employees steals a customer’s asset/s are high, the reason being of course the concept of “vicarious liability” – the legal rule that can make you generally liable for your employee’s actions. Your best defence (other naturally than taking steps to stop light-fingered employees from stealing in the first place!) is the “exemption” or “disclaimer” clause. It can present a formidable…
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