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Heigh Ho, Heigh Ho, It’s Off to Court We Go – But What are the Costs of Suing?
“Agree, for the law is costly” (Marcus Tullius Cicero) As Roman lawyer and statesman Cicero pointed out two millennia ago, litigation comes at a cost. So first prize will always be to settle out of court. If you can’t settle and decide to sue, arm yourself with “deep...
It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)
“A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted” (High Court Rules) Selling a...
Website of the Month: Seven Steps to Becoming a Successful Landlord
“Landlords grow rich in their sleep” (John Stuart Mill) Earning passive income as a landlord is an attractive proposition which can generate substantial wealth, but before you rush into anything be sure to know exactly what you are doing. “From homeowner to landlord:...
12 Questions to Ask Before You Sign That Deed of Sale
“Knowledge is power” (old proverb) Whether you are buying or selling property, remember that it is too late to ask questions after you sign the Deed of Sale (often called a “Sale Agreement” or “Offer to Purchase”). “Knowledge is power” rings particularly...
Directors – When Are They Personally Liable?
“… for the benefit of immunity from liability for its debts, those running the corporation may not use its formal identity to incur obligations recklessly, grossly negligently or fraudulently. If they do, they risk being made personally liable.” (Quoted in the...
The Trouble with Family Loans: A R540,000 Lesson
“How sharper than a serpent's tooth it is to have a thankless child!” (Shakespeare) “Family helps family in times of need” - that’s been part of human culture since long before the dawn of history but be sure to observe all legal formalities. A recent High Court...
Fired for Off-Duty CBD Oil Use and Cannabis Smoking
“… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does not offer any...
Website of the Month: Solar Power and the Insurance Risk
With our loadshedding woes unlikely to go anywhere soon, more and more property owners are looking to solar power as an alternative to relying on Eskom. Just be careful that you don’t fall foul of your insurers in the process. “Rules homeowners should know before...
Buying and Selling Property: Who Pays What Costs?
“Risk comes from not knowing what you’re doing” (Warren Buffett) Don’t risk not knowing what you’re doing when you either sell or buy property. Avoid nasty shocks by budgeting properly for the costs you will incur – some of them can be substantial, and some are less...
Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?
“Love is grand. Divorce is a hundred grand.” (Anon) That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision addressed one such scenario – Trusts may be formed for a variety of reasons, and the purpose and...