What constitutes acceptance of an offer to purchase? | 26 September 2017

26 September, 2017

For an agreement to come into effect, consensus must be reached in respect of all the material terms. If one party offers and the other accepts, but at the time of signing the latter makes alterations to the contract, can it be said that the first signatory accepted the changes to the contract, or does […]

Issue 29 – 2017

21 September, 2017

VALID CANCELLATION REQUIRES MORE THAN STATING THAT ANOTHER IS IN BREACH Smith and Another v Patsalosavis and Another (85341/2014) [2017] ZAGPJHC 230(11 August 2017) Procedural ‘formalities’ often crystallize from lessons learnt in everyday transacting. For the cancellation of agreements, unless stipulated otherwise, formalities dictate that the defaulting party must be given clear details of the […]

Homeloans and Foreign Marriages: ABSA and FNB Specific Requirements | 21 September 2017

21 September, 2017

We have received indication from both ABSA and FNB that where a client’s marriage is governed by the laws of a foreign country, these banks require that the bond must be registered in the name of both spouses and that the application submitted needs to be by both spouses notwithstanding that the spouse applying for […]

Easy way to evict a tenant? | 19 September 2017

19 September, 2017

Many landlords and tenants make use of the Rental Housing Tribunal to resolve disputes that arise during the course of a lease. In the Tribunal, parties represent themselves and if legal guidance is needed, a party will consult with his attorney beforehand for advice as to his rights in the matter and the Tribunal’s procedure. […]

Issue 28 – 2017

14 September, 2017

AGREEMENTS ARE NOT CHILD’S PLAY Anthony and Another v Japies and Others (17614/2016) [2017] ZAWCHC 92(12 September 2017) The facts of the dispute in this matter tell a story of many twists and turns in the sale of a property and evidence an absence of appreciation of the status of a validly concluded agreement. Here […]

Three legal consequences of motor vehicle accidents | 12 September 2017

12 September, 2017

Motor vehicle accidents usually give rise to three legal processes: A criminal case where the State will prosecute the wrongdoer or accused; A civil claim for the material damages to the vehicles and its contents or load (usually dealt with by your insurer); and A statutory claim against the Road Accident Fund for damages as […]

Transaction Delays and the Current Power Outage | 06 September 2017

6 September, 2017

As you, we are also concerned about the consequences of the current power outage in the greater Johannesburg. This impacts on transactions awaiting registration in the affected deeds registries and delays are, regrettably, inevitable. It also impacts on the turn-around time of all other transactions, due to associated outages at municipalities, the Master’s Office and […]

Can I bequeath my estate to anyone? | 05 September 2017

5 September, 2017

If South African law applies to your estate, you have complete freedom to leave your assets to whoever you may choose. However the Maintenance of Surviving Spouses Act entitles a spouse who has not been adequately provided for in the will of his/her predeceased spouse to claim, in certain circumstances, maintenance from the predeceased spouse’s […]

Issue 27 – 2017

4 September, 2017

HISTORICAL DEBT DEBATE PUT TO BED Jordaan and Others v City of Tshwane Metropolitan Municipality and Others; City of Tshwane Metropolitan Municipality v New Ventures Consulting and Services (Pty) Limited and Others; Ekurhuleni Metropolitan Municipality v Livanos and Others (CCT283/16, CCT293/16, CCT294/16, CCT283/16) [2017] ZACC 31 (29 August 2017) Last week the Constitutional Court ruled […]

Landmark Historical Debt Ruling | 31 August 2017

31 August, 2017

The Constitutional Court ruled on Tuesday this week that new property owners cannot be held liable for historic municipal debts incurred by previous owners. Once ownership is transferred in a Deeds Registry, the local authority cannot demand a new property owner to settle historical debt or suspend municipal services due to outstanding municipal debt. The […]