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Fourie Stott Immovable Property Transactions

Immovable Property Transactions

Immovable property transactions, Voetstoots and the CPA The Voetstoots clause essentially protects the Seller by seeking to deprive the Buyer of any recourse against the Seller, if the property has any latent or patent defects. Latent defect are discovered by a thorough inspection prior to sale, while patent defects are visible on inspection. “Voetstoots” is .. read more

Fourie Stott - Contracts

Contracts

Contracts: Know who you are dealing with? We have come across many instances where clients thought they were contracting with party A, but subsequently discovered they were contracting with party B. This presents significant risk to clients as they may be unable to enforce their rights or recover lost money from the party they thought .. read more

Fourie Stott Marriage Contract

Marriage Contract

Changes to Matrimonial Property Regime We regularly meet clients who are married in community of property, as they did not sign an ante-nuptial marriage contract before getting married. This can cause challenges, particularly for those who plan to run their own businesses. The good news is that an application can, in certain circumstances, be made .. read more

Fourie Stott Litigation

When Litigation is Needed

For many reasons South Africa has had a difficult year. In tough financial times debtors may increasingly fail to settle their accounts and litigation may be a life line for your business. With the wrong advice, litigation can be expensive, time consuming and only end in benefiting the lawyers. Not all lawyers are sharks! Appropriate .. read more

Fourie Stott The Importance of a Shareholders Agreement

The Importance of a Shareholders Agreement

Why do you need a Shareholders Agreement? Humans are relational beings and, regardless of good intentions, life does not always go according to plan. That is why, when you have more than one shareholder in a company, it is vital that you have a shareholders agreement drafted for your specific needs. The purpose of a .. read more

Fourie Stott Residential Evictions

When Tenants Behave Badly – Residential Evictions

Navigating Residential Evictions Residential evictions are unfortunately a common occurrence, particularly in times of recession and rising living costs. Furthermore, a tenant refusing to vacate the premises often goes hand in hand with the same tenant being in arrears with unpaid rental and utility bills, thereby giving rise to a damages claim and eviction proceedings. .. read more

Conveyancing Transfer Process

How the Conveyancing Transfer Process Works

Conveyancing Transfer Process The Conveyancing transfer process usually takes approximately 8 – 12 weeks and the steps are as follows: Step 1: Agreement, Suspensive Conditions & Transfer Documents The transfer process begins with a sale agreement. Once the conveyancers receive a copy of the sale agreement, they will contact the parties and request copies of .. read more

Ethics – Is your attorney ethical?

When times are tough, unethical behaviour becomes more common and, as unethical behaviour often leads to fraudulent and illegal activities such as corruption, the costs add up. The legal profession is required to maintain an unquestionable standard of ethics and professionalism. Unfortunately, even in the legal profession, lines distinguishing ethical from unethical behaviour are sometimes manipulated and can .. read more

“Voetstoots” – Buyer Beware!

The “voetstoots” clause is familiar to most of us. This is a standard clause in a sale agreement which protects the Seller by stating that the property, whether movable or immovable, is purchased “as is”. This clause therefore seeks to deprive the Buyer of any recourse against the Seller should the property have latent or .. read more

RETENTION AND USE OF PERSONAL INFORMATION

The protection of personal information is paramount these days with the advancement of computers and the internet. It is vital that both public and private bodies know what their rights and duties are in terms of The Protection of Personal Information Act 4 of 2013 (“POPI”) as the consequences of non-compliance could be severe.   .. read more