Legal Speak Made Easy

The “Aedilitian Remedies” A common sense principle inherited from early Roman law is that the buyer of an item discovering a latent (hidden) defect in it after the sale has a choice of remedies: either cancel the sale and return the item to the seller for a full...

Married Out of Community of Property? You May Still Be Entitled to a Share

"Justice cannot be for one side alone, but must be for both." (Eleanor Roosevelt) Under the antenuptial contract alone, she would have had no claim on his estate. The court found otherwise. A woman who spent three decades running a home, raising her husband's...

Your Property Purchase Collapses: Can You Get Your Deposit Back?

“A creature with a big enough head to make a contract should have the sense to make one it can keep.” (Barbara Kingsolver) A R1.725 million deposit. A bank guarantee that never arrived. A property that ultimately sold for significantly less than the original price....
Do You Need a Second Will for Your Overseas Assets?

Do You Need a Second Will for Your Overseas Assets?

“Only put off until tomorrow what you are willing to die having left undone.” (Pablo Picasso) If you own assets outside South Africa, you may have wondered: Is my local will enough? This is a question many South Africans are asking, and the answer will depend on your...

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A Complex Issue: Beware Late Building Penalties

A Complex Issue: Beware Late Building Penalties

“Home wasn't built in a day.” (Jane Ace, radio comedian) You find the perfect plot on which to build your dream home in a security estate. Your offer is accepted and transfer proceeds – happy days!So, imagine your distress when having proudly taken ownership, you are...

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How Can I Buy Property in South Africa as a Foreigner?

How Can I Buy Property in South Africa as a Foreigner?

“I never knew of a morning in Africa when I woke up that I was not happy.” (Ernest Hemingway) Are you a visitor dreaming of waking up with giraffes on your lawn and wondering how to make it happen? Or a local being asked by overseas friends and relatives: “This...

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Directors: Here’s How to Avoid Being Sued for Company Debts

Directors: Here’s How to Avoid Being Sued for Company Debts

“To be prepared is half the victory.” (Miguel de Cervantes, author of Don Quixote) Perhaps you’re a director losing sleep over the risk of losing everything if creditors sue you personally for your company’s debts because you’re asset-rich, and they can’t squeeze...

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