Our Blog

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

Sectional Title – Tenants

Communal living in a sectional title complex (“Scheme”) can be difficult at times because it involves a wide range of people with diverse needs, interests, languages, and cultures which sometimes clash. The ability to live harmoniously can also be difficult due to the high number of tenants residing in sectional title units within the Scheme, .. read more

Rouwkoop and Penalty Clauses in Sale Agreements

A rouwkoop clause comes from our common law. The word is derived from the Dutch words meaning “regret” and “purchase”. In essence, it is a clause in an agreement that entitles a party to that agreement to pay an agreed sum of money in order to be allowed to withdraw (or purchase his/her freedom) from .. read more

Notarial Authentication of Documents

When you need to have documents signed or copied in South Africa for use outside South Africa, you will need to go through a process of having the documents authenticated. The nature of the authentication process will depend on the country in which the documents will be used.   APOSTILLE A relatively simple process (“the .. read more

Immovable Property and Invasive Species

Ian Cox, one of our colleagues in the Imber Group (www.imbergroup.co.za) has just written an article on recent legislation which requires a seller of immovable property to disclose to his/her buyer the existence of all invasive species on the property, failing which there could be a large fine or even jail time. Click below to .. read more