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...

“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...

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...

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...

VOID SALE AGREEMENTS – CAN THEY BE REVIVED?

A sale agreement in respect of immovable property is not valid unless certain formalities are complied with in. In particular, Section 2 (1) of the Alienation of Land Act 68 of 1981 provides that:   “No alienation of land after the commencement of this section...

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...

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...

FICA and Property Transactions

Often when you deal with attorneys, banks and other institutions you are asked for “FICA documents”. You may not know which documents are required or why they are required. The reason you are being asked for these documents is that the party requesting them falls...

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...

Zero-Rating for VAT

  WHEN VAT BECOMES PAYABLE If you are a VAT vendor and are selling an asset, a business or part of a business, you may not always be required to charge Value Added Tax (VAT) on the purchase price. Whether VAT is to be charged will depend on the circumstances of...