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How To Avoid Disputes Over Jointly Owned Property

Contract, PropertyBy Ross Viljoen28th Mar 2018

“Co-ownership is the mother of disputes” (Roman law maxim)  Buying property can be an excellent investment, but it can also be expensive. So sometimes it makes a lot of sense to share the financial burden with someone else. Perhaps for example you are spouses or life partners buying your first home. Perhaps you are a…

Do You Read Online Terms and Conditions? You Should and Here’s Why

ContractBy Ross Viljoen28th Mar 2018

“The Internet is a Real Place with Real Consequences” (Rebecca MacKinnon, Internet policy expert) We live in an age of online commerce. We buy and sell pretty much anything you can think of on the Internet, whilst contracting online for everything from an Uber ride to a plumber’s call out has become second nature. So…

POPI: An Existing Risk, a Right Royal Ruckus, and the EU Deadline

BusinessBy Ross Viljoen28th Mar 2018

When will the enforcement provisions of the Protection of Personal Information Act (“POPI” or “POPIA”) come into effect? Latest indications are that the Information Regulator will announce final Regulations and a commencement date shortly, but there have been so many delays already that we perhaps shouldn’t be holding our breath on that one. Three important…

From the Horse’s Mouth: House Sales and the VAT Increase

Property, TaxBy Ross Viljoen28th Mar 2018

“If you hear something (straight) from the horse’s mouth, you hear it from the person who has direct personal knowledge of it” (Cambridge Dictionary) We all know by now that the VAT rate increased from 14% to 15% on 1 April. How does that affect your residential property sale/purchase? We are talking big money here…

Can You Still Sell As Is? CPA v The Voetstoots Clause

Business, Contract, PropertyBy Ross Viljoen28th Feb 2018

Both sellers and buyers (of anything – houses, cars, you name it) need to understand how the CPA (Consumer Protection Act) has impacted on the very common “voetstoots” (“as is”) clause.   Firstly, what’s the difference between “patent” and “latent” defects? Before we get into the meat of this question, let’s understand two important terms…

Maintenance Defaulters – No Place to Hide

Debt Recovery, Family Law, General InterestBy Ross Viljoen28th Feb 2018

Obtaining a maintenance order for the support of yourself and/or your children is all very well, but what if you are dealing with an “Artful Dodger” who is determined not to pay you? New provisions in the Maintenance Act just handed you two powerful new weapons – Tracing defaulters: Serial maintenance dodgers are fond of going…

Dogs (and Other Animals) Behaving Badly: An Angry Ostrich and a R6.75m claim

UncategorisedBy Ross Viljoen28th Feb 2018

Your dog bites the neighbour or a visitor is hurt running away from an angry ostrich on your property – can you be sued? A recent SCA (Supreme Court of Appeal) decision illustrates.   R6.75m claimed for a snapped Achilles tendon A visitor was invited to a farm (roamed by a variety of game including…

Wills and Estates: Cost of Dying Rises with Master’s Fees Increase

Family Law, Trusts, Wills and Estate PlanningBy Ross Viljoen28th Feb 2018

If you are inheriting from someone who passed away on or after 1 January 2018, don’t blame the estate’s executor for one substantially-increased cost you may notice – Master’s Office fees. They are calculated on the value of the deceased estate and were long overdue for an increase, going up sharply from the old maximum…

Your Website of The Month: The Art of Smartphone Battery Charging

General InterestBy Ross Viljoen28th Feb 2018

As our dependency on our always-connected cell phones grows, so does the importance of maximising battery life. That’s particularly relevant with the death knell now sounded for removable-battery phones. When your battery dies, you can no longer replace it yourself with a low-priced third party one, nor with a spare you carry around for sudden…

Don’t Lose Your Claim To Prescription – Know The Law!

General InterestBy Ross Viljoen31st Jan 2018

“Ignorantia iuris nocet” (old Roman proverb meaning “Not knowing the law is harmful”) Most of us know how important it is to sue our debtors well before prescription permanently takes away our right to claim. But what if you did nothing until it was too late because you didn’t even know you had a claim…

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