Thought Of The Week Archives - Page 24 of 33

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Thought of the Week | Prescription of right to claim transfer of property?

Did you know that a seller’s contractual obligation to pass transfer of a home sold to the purchaser, is a debt that can prescribe? In the February 2018 judgment in Frieslaar N.O. & Others v Ackerman & Another the Supreme

Thought of the Week | Is your profit on bitcoin taxable?

With Bitcoin taking centre stage when it comes to cryptocurrencies, one cannot help but wonder how tax legislation will apply to something that governments have no control over and which exists in cyber space. SARS’ research department seems to suggest

Thought of the Week | Drought and your tenant

Many parts of South Africa are experiencing drought conditions on the moment – some mild, others such as in Cape Town, severe. Lease agreements usually deal in some detail with the obligations of both the landlord and the tenant, but

Thought of the Week | Harder times for maintenance defaulters

On 5 January 2018 certain important amendments to the Maintenance Act became operational. These sections introduce stricter measures against maintenance defaulters. One of the amendments authorises the courts to direct electronic communications service providers, such as Vodacom, MTN, Cell C

Thought of the Week | What if the lease is silent on the matter of interest on the deposit?

It often happens that a landlord and tenant’s written or oral agreement omits to mention what should happen to the deposit and the interest that accrued thereon during the lease, on termination thereof. Perhaps unknown to many, the Rental Housing

Thought of the Week | Domestic Workers Wage Increase

The Department of Labour has announced wage increases for all domestic workers (which include gardeners at private homes; persons who look after children, the aged, the sick or the disabled in private homes; and persons employed to drive the children

Thought of the Week | Renovation Plans May Introduce Surprises

Whether as the buyer or seller of a property, one is seldom aware of the conditions contained in that property’s registered Title Deed. Generally this is because prospective purchasers never see the relevant Title Deed, as for example, where a

Thought of the Week | A Useful Tip when To-ing and Fro-ing to Negotiate a Deal

We all know that our law requires that there must be consensus regarding all material terms for a valid agreement to come into effect. But consider this: Jack makes a written offer to purchase John’s property. John accepts the offer,

Thought of the Week | Deposits for Rental Agreements

The Rental Housing Act regulates the relationship between landlords and tenants, sets out certain rules that each must comply with and provides for procedures to be followed in the event of a dispute arising. One such provision relates to deposits.

Thought of the Week | The right of first refusal

A simple assumption unleashes unintended chaos A right of first refusal is an ancillary or collateral agreement whereby one person binds himself to give preference to another person should he or she decide to sell his property. Most of us