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April 2012: Auction Bidders – 5 Rights You Need To Know
Are you hoping to pick up a bargain at a public auction but are put off by the media uproar over allegations of undisclosed “vendor” or “ghost” bidding? If so, read on......
March 2012: Losing Your Licence - AARTO
Will they, won't they? Confusion reigns (at date of writing anyway) over whether or not the AARTO driver demerit point system will be rolled out countrywide on 1 April. Given the chronic administrative issues that have plagued the pilot programmes so far, let's hope that the joke isn't on us if implementation does go ahead....
February 2012 : Who is Liable for Your Leaking Roof
You buy your dream house, you settle in, all's well. Until it rains, and the roof starts leaking. Who's liable? The law, and the limits to voetstoots. First, determine whether the leak problem is a latent defect, i.e. one that "would not have been visible or discoverable upon inspection by the ordinary purchaser". Next, c...
January 2012: Property Buyer - Protect your Deposit!
When you buy a property you will commonly have to pay a deposit of part of the purchase price, the balance to be paid on transfer. Make sure that the "deposit clause" is properly drawn to protect your interests. A recent Supreme Court of Appeal decision highlights the dangers of not doing so.
December 2011: Varying a Trust Deed? Be Careful!
Here's a warning from a recent Supreme Court of Appeal case - don't amend the provisions of a trust deed without first checking whether or not you need to get consent from the beneficiaries. In the case in question, a father originally nominated his two minor children as beneficiaries of a trust. But, after a bitterly dispute...