Thought Of The Week Archives - Page 25 of 33

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Thought of the Week | Your current bond over a home you are selling

When immovable property is sold, it is in most instances the purchaser that is liable for the costs of the transaction, ie to register transfer of ownership into his name. However, where the seller has a bond over the property

Thought of the Week | Dealing with a deceased’s immovable property

The legal requirements that ordinarily apply to the sale of land, also apply to property that is sold out of a deceased estate, namely that the agreement must be recorded in writing and be signed by both the seller and

Thought of the Week | Blacklisted due to a judgment? Apply for Rescission

Consumers applying for credit are sometimes denied access to financing due to judgments appearing against their name, often without their knowledge. Relief can be obtained in applying for a rescission of that judgment in the event that the consumer has

Thought of the Week | Don’t miss due dates

Agreements typically have clauses requiring the parties thereto to do certain things by certain due dates, with consequences attached to non-compliance. The phrases ”business days” or “calendar days” are often used, but sometimes parties just refer to “days”. Section 4

Thought of the Week | The tenant’s rights when you sell your house

One frequently receives queries with regard to a tenant’s position where the owner of the leased premises sells the property, mostly from tenants indicating that they were simply told to vacate before transfer. The point of departure is however that

Thought of the Week | Annulment of a marriage: When is it an option?

Sometimes a client seeks annulment of a marriage rather than instituting divorce proceedings. When is this an appropriate choice? The Marriage Act of 1961 provides for annulment of marriages that are either void or voidable. Void marriages are those that

Thought of the Week | What constitutes acceptance of an offer to purchase?

For an agreement to come into effect, consensus must be reached in respect of all the material terms. If one party offers and the other accepts, but at the time of signing the latter makes alterations to the contract, can

Thought of the Week | Easy way to evict a tenant?

Many landlords and tenants make use of the Rental Housing Tribunal to resolve disputes that arise during the course of a lease. In the Tribunal, parties represent themselves and if legal guidance is needed, a party will consult with his

Thought of the Week | Trusts are not child’s play

In the recent matter of Smith v ABSA Bank Limited, the court noted that “(T)his case yet again demonstrates the need to be careful when dealing with a trust.” In this instance, judgment that was obtained against a surety was

Thought of the Week | Bequeathing specific items

“I wish to bequeath specific items of jewellery to each of my children. Must these bequests be reflected in my will or can I do a letter of wishes?” A letter of wishes is not a legally binding document. If