• July 2019 | Property Transfers and Trust Account Theft: A R720,000 Warning
    Monday, 1 July 2019
    Buying a property, whether to live in, work in or just as an investment, invariably involves a substantial amount of money changing hands. Whether you are the seller or the buyer, the last thing you want is for the money to be stolen by a dishonest transferring attorney. If it happens, who carries the loss? Must transfer still be passed to the buyer? Who must lodge a claim with the Legal Practitioners Fidelity Fund and hope that it pays out without delay? A recent High Court case involvin…
  • June 2019 | You Signed a Property Sale Agreement, Can You Still Accept a Better Offer?
    Saturday, 1 June 2019
    Selling property, particularly your own home, is one of the more stressful events in life. Will you get the right buyer? The best price? What if it all goes wrong? Then an offer comes in that is acceptable, but not perfect. If for example there is a bond clause and the buyer’s bond application fails a month down the line you’ve lost all that valuable marketing time. You’ll never know whether you just missed the “perfect offer” while your buyer filled out bank fo…
  • May 2019 | Security Estates: Can You Fine Speedsters?
    Wednesday, 1 May 2019
    Buying property in security estates and other community schemes comes with a range of benefits, but it’s important to be aware of all the rules and regulations you are agreeing to – our courts will almost always hold you to them! For example, Home Owners Associations and Bodies Corporate will welcome a recent Supreme Court of Appeal decision upholding the rights of a golf estate to impose a 40km/h speed limit (and penalties for breaching it) on all homeowners, tenants and guests using …
  • April 2019 | Your Dog, Cat or Cow (Even Your Bees) Could Cost You Millions
    Monday, 1 April 2019
    We all know that causing someone else loss either negligently or intentionally lays us open to being sued for damages. What is less well known – and in this case ignorance is extremely dangerous – is that animal owners can be held liable for loss or damage caused by their animals on a “no fault” or “strict liability basis”. You can be sued for millions when you are in no way at fault. On what basis can you be held liable? Are there any defences you can …
  • March 2019 | Property Buyers: Beware Unlawful Occupiers!
    Friday, 1 March 2019
    If you plan to buy a house before the property market starts to recover from its present doldrums, be aware of the risks you face if anyone is currently in the property. A recent High Court decision illustrates the danger of your being unable to evict unwelcome occupiers who point-blank refuse to leave. We’ll analyse that decision, and the lessons to be learned from it, after summarising the two things that PIE (the Prevention of Illegal Eviction From and Unlawful Occupation of Land Ac…