“Death knocks at all doors alike” (John Dunton 1692) Sooner or later we must leave our families to face life without us, and of course, theses are a particularly dangerous time for us all. Make sure that your own affairs are in order now – A valid will is the only sure way to protect …
“… in certain circumstances, the principal may be liable to pay commission to both agents where it is impossible to distinguish between the efforts of one agent and another in terms of causality or degrees of causation.” (Extract from judgment below) With many property sellers allowing multiple estate agencies to market their properties in their …
“Ninety percent of all millionaires become so by owning real estate. More money has been made in real estate than in all industrial investments combined. The wise young man or wage earner of today invests his money in real estate” (Andrew Carnegie, billionaire industrialist) Dollar billionaire Andrew Carnegie said it a century ago, and it …
Property: Green Shoots, Agent’s Commission and Fidelity Fund Certificates Read More
“To sign a document means to authenticate that which stands for or is intended to represent the name of the person who is to authenticate” (quoted in the case below) We all know that verbal agreements, although fully binding for most types of transaction, are a recipe for uncertainty and dispute. It’s not just a …
Electronic Signatures in Property and Other Transactions Read More
“You can be a good neighbour only if you have good neighbours” (Howard E. Koch) It looks as if we will still be under “restricted movement” orders for a while – even when we finally get down to Alert Level 2 and who knows when that will be. Tensions between neighbours are no doubt at …
Lockdown! Nuisance Neighbours and How to Handle Them Read More
The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard. And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a tenant unable to pay the agreed rental. What follows is of necessity a …
Leases, Contracts and COVID-19: What is Force Majeure? Read More
The judgment of Brauckmann AJ in the Mpumalanga High Court, delivered on 3 April 2020, exhibited the consequences that may follow any breach of the regulations and directives. It followed the hearing of an urgent application in that court, in which several attorneys and counsel from Mpumalanga and other provinces were present. Brauckmann AJ called …
Are you a Legal Practitioner looking to travel during the Lockdown? Read More
No question, the lockdown precipitated by the covid-19 pandemic has seen a lot of people hastily trawling through contracts to figure out how to deal with the effect the lockdown in SA is having or is likely to have on their ability to perform their obligations, or sent them (figuratively) scuttling to their attorneys for …
COVID-19 : Act of God, Force Majeure and Supervening Impossibility of Performance Read More
During the ongoing national lockdown, only businesses that provide so-called essential services are allowed to trade. However, in order to operate, those businesses must apply for an Essential Service Certificate from the Companies and Intellectual Property Commission (CIPC). In order to apply for such a certificate and register your business as an essential service you …
Essential Services Certificate and Permit: What You Need to Know Read More
The Minister of Small Business Development, Khumbudzo Ntshavheni, recently announced several relief mechanisms to aid businesses adversely affected by the COVID-19 pandemic and consequent national lockdown. In an effort to alleviate the economic effects of the 21-day lockdown, the Department has introduced a Business Growth/Resilience Facility and a Debt Relief Finance Scheme. The Business Growth/Resilience …
Relief Measures for Small Businesses in South Africa Read More
