Incisive Legal Insights
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How has the Consumer Protection Act Changed the Concept of "Voetstoots"?
Voetstoots has always meant that a property is sold "as is" - no matter its condition and without any guarantees. With a voetstoots clause in the agreement, the buyer was protected only where it could be proved that he had been cheated by the seller in that the seller knew about defects and deceptively kept quiet about them.
Do You Have An Agreement That You Want To Cancel?
The Consumer Protection Act stipulates that fixed term agreements are contracts of a definite duration. Cellular phone contracts, gym contracts, armed response / security contracts, educational institution contracts and property leases are all examples of fixed term agreements.
Financial Statements: Audit or Review in terms of the New Companies Act?
Whilst companies are still required to prepare annual financial statements within six months after the end of each financial year, it is no longer compulsory for all companies to have their annual financial statements audited.
Distinction Between Usufruct and Fideicommissum
When a testator gives a beneficial interest in property to successive persons, it is a question of construction whether he or she intends to make the first taker owner subject to a fideicommissum in favour of the second or the second taker owner subject to a usufruct in favour of the first.
What the Consumer Protection Act Means for Property Buyers
The legal principle around buying and selling has always been "let the buyer beware". In terms of the Consumer Protection Act (CPA), which came into force on 1 April this year, that changes: it's now "Seller beware".
Consumer Protection Act - Enforcement Guidelines
The DTI have finally published the final guidelines for enforcement which provides guidance and clarity with regard to how the CPA will be enforced.
Transfer Duty Exemption - Should I Move a Property From a Trust into my Name?
I am in two minds whether to make use of the window period for transferring my primary property, which was bought in a family trust approximately 9 years back, into my own private name?