27 Oct 2014
By Andrew Goldschmidt

Developers: Register or Regret

Legal
Residential property developers need to note the recent Constitutional Court judgment confirming that you must register with the NHBRC (National Home Builder's Registration Council) before you conclude a building contract or commence building – if you don’t (or if you register late) you cannot enforce payment.  In fact you commit a criminal offence just by accepting any payment. It is not enough that whichever building contractor/s you use to do the actual construction is/are registered – both you as developer and your contractor/s must be registered. (more…)
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11 Apr 2014
By Andrew Goldschmidt
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Reading (in) between the lines: winding up close corporations

Legal
Prior to the enactment of the Companies Act (71 of 2008) (the new Act), the winding up of close corporations and companies was regulated by the Close Corporations Act, (69 of 1984) (the CC Act) and the Companies Act (61 of 1973) (the old Act) respectively. Section 68 of the CC Act provided the grounds upon which a court could liquidate a close corporation. Section 68(c), in particular, stated that a close corporation could be wound up by a court if the corporation was “unable to pay its debts”. In terms of s 69, a close corporation would be deemed…
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26 Oct 2013
By Andrew Goldschmidt
Property sellers – choose your own attorney!

Property sellers – choose your own attorney!

Legal
When you come to sell your house or other property, you have the right to nominate your own attorney to attend to the conveyancing for you. Insist on doing so – It is essential that your rights be protected at all stages of the transfer; choose a conveyancer you can trust to do so with speed and integrity. It is irrelevant that the buyer normally pays the conveyancer (as part of the transfer costs). You carry more risk than the buyer, and there is nothing to stop the buyer from employing his/her own attorney to monitor the transfer on their…
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25 Oct 2013
By Andrew Goldschmidt
Bad Neighbours, Unlawful Building, and the Demolition Remedy

Bad Neighbours, Unlawful Building, and the Demolition Remedy

Legal
“A bad neighbour is as great a calamity as a good one is a great advantage” (Hesiod, 700 BC) Bad neighbours have it seems been troubling us since at least the days of ancient Greece. If two and a half thousand years later you are unlucky enough to have one, and if the particular calamity visited upon you by said neighbour (loss of a sea view perhaps) results from his/her unlawful building operations, take heart. Our law has a strong and effective remedy for you – a demolition order.... [ad name="goldschmidt inline post"] Source: Ashersons Attorneys >> Bad Neighbours ...
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25 Oct 2013
By Andrew Goldschmidt
It’s wedding season, but before you tie the knot….

It’s wedding season, but before you tie the knot….

Legal
“Keep your eyes wide open before marriage, half shut afterwards” (Benjamin Franklin) Whether or not you elect to follow the second part of Ben Franklin’s advice, be sure to follow the first – keep your eyes wide open when choosing which “marital regime” will apply to your marriage. [ad name="goldschmidt inline post"] To ANC or not to ANC?  That is the question -- Do you or don’t you need an ANC (“antenuptial contract”)? Firstly, it’s not an admission that you may divorce, so don’t fall into the trap of thinking “we don’t want to even think about divorce so no ANC for us…
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