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Selling a property with defects: What you need to know

Selling a property with defects: What you need to know

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...

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The cost of losing a legal battle

The cost of losing a legal battle

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...

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COMPENSATION FOR VACCINE RELATED INJURIES

COMPENSATION FOR VACCINE RELATED INJURIES

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...

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WHAT IS THE TRUE PURPOSE OF A SUBPOENA DUCES TECUM?

WHAT IS THE TRUE PURPOSE OF A SUBPOENA DUCES TECUM?

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...

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Can you avoid bond cancellation costs?

Can you avoid bond cancellation costs?

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...

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REPLACING LOST TITLE DEEDS

REPLACING LOST TITLE DEEDS

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...

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Can I run an Airbnb from my sectional title unit?

Can I run an Airbnb from my sectional title unit?

“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...

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How should co-executors of a deceased estate act?

How should co-executors of a deceased estate act?

“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...

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How are maintenance orders granted during a divorce?

How are maintenance orders granted during a divorce?

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...

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