“Honesty is the best policy” (Benjamin Franklin) A recent High Court decision again confirms that when it comes to selling your house, honesty is indeed the best policy. Specifically, disclose all defects you know of to potential buyers, or risk expensive litigation and damages claims. Defects and Defences The...

“Buy land – they’ve stopped making it” (Mark Twain) So you’ve decided to buy your first house – exciting! There’s nothing like owning and living in your very own dream house, and if you choose wisely your home could well be one of your most important...

“Suretyship is the precursor of ruin” (Thales of Miletus, one of the Seven Sages of Ancient Greece)   As the philosopher and mathematician, Thales pointed out two and a half millennia ago, signing surety for another’s debts carries a huge risk. Yet every day directors of property...

“There ain’t no such thing as a free lunch” (Wise old adage) You sign a two year lease for a nice little apartment (or a large family house if you have a spouse, 3 kids and a dog) but after 6 months your employer transfers you...

When crowds attempted to illegally settle on tracts of unused, but privately owned property from Sandton to Midrand in March, it brought home the reality that attempted land grabs are likely to continue, and could escalate to illegal settlers on private property or even claiming...

“Agree, for the law is costly” (Marcus Tullius Cicero, Roman lawyer and statesman)   We all know how easy it is for misunderstandings and disputes to arise between landlords and tenants, and whilst most can be resolved with a bit of open communication and negotiation, sometimes independent...

“It is well established that contractual provisions are against public policy ‘… if there is a probability that unconscionable, immoral or illegal conduct will result from the implementation of the provisions according to the tenor’” (extract from judgment below) When you choose to buy into a...

“It is declared that, upon transfer of a property, a new owner is not liable for debts arising before transfer from the charge upon the property …” (Constitutional Court Order) How does the recent Constitutional Court decision on “historical rates” affect you in practice? Understanding the issue At...