• October 2019 | Landlord vs Tenant: When Can You Cut Electricity or Change the Locks?
    Tuesday, 1 October 2019
    Landlord vs tenant disputes can quickly escalate into protracted and expensive litigation, and as a landlord you may be tempted to take the law into your own hands by changing locks, cutting electricity etc. We analyse our law in that regard, explain what a “spoliation order” is and what a tenant must prove to obtain one, and discuss a recent High Court case in which an internet café owner in a shopping centre disputed her landlord’s method of billing for electricity…
  • September 2019 | Your Will: What You Can and Can’t Do
    Sunday, 1 September 2019
    A properly drawn and executed will (your “Last Will and Testament”) is the only way for you to ensure that your loved ones are properly looked after once you are gone.  Perhaps most importantly, only by making your own will can you specify who is to inherit what from you. But is your “Freedom of Testation” limited in any way? Can you disinherit your spouse, or your children? Who chooses who will benefit from your pension and retirement funds?   These…
  • August 2019 | Beware of Property Cyber Scammers
    Thursday, 1 August 2019
    Forewarned is forearmed!  Here’s another warning about cyber-scams in the property industry because the more they increase, and the cleverer they become, the more vital it becomes for you to be aware of them and to protect yourself from them. Remember that you become a prime target when you buy or sell property – the rich pickings on offer when property is involved make sure of that. So we’ll have a look at how these cyber-scams work, at how you can protect yourself…
  • 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…