The Purchaser signs an agreement of sale with the Seller. The property is transferred into the Purchaser’s name. A month later, there were heavy rainfalls and the roof leaks. Is the Seller liable to repair the roof or the Purchaser, as the new owner? To understand...

I recently sued someone who owes me R50,000. The Court found that the loan agreement was invalid and that the amount was not owed to me. The legal costs were subsequently awarded in the other party’s favour on a party and party scale. What do I need to pay, and how is...

The concept of mandatory vaccination policies has been widely publicised in 2022 and it remains a controversial topic which continues to divide opinion amongst the nation. As recently as 21 January 2022, in the matter of TM v Goldrush Group (GAJB 24054-21), the...

Background: Subpoena duces tecum is a Latin term which means “you shall bring with you” and is a mechanism catered for in terms of South African common law. The South African rules of court allow a party to litigation proceedings to compel a witness to produce any...

When times are tough, you may not get around to paying all your bills. But be warned, if neglected for too long, it will inevitably lead to letters of demand for payment along with interest, charges and legal fees. As your outstanding obligations grow, you may wonder...

When your property is in the market and you cancel your bond, is there any way to avoid the bank’s cancellation fee? When you cancel your mortgage bond, most banks will contractually charge you a cancellation fee. Such fees can be for early termination of the bond or...

Here is the new procedure for obtaining a certified (VA) copy Last year we warned you of a change in the process of obtaining a copy (what is known as a VA copy) of a title deed which has been misplaced. The new process was pended for some months but as of 1 January...

“I am an owner of a sectional title unit and would like to advertise my unit for short term rentals on Airbnb, is this legally allowed?” A lot of sectional title owners are usually investors in the property market and purchased a unit for the sole purpose of renting...

“My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my...

The court may grant an order that one party should pay the other party spousal maintenance during and after divorce proceedings. Whether a spouse is entitled to receive spousal maintenance rests in the hands of the court and is regulated by section 7 of the Divorce...