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Legal Articles

Cor van Deventer's Articles

Different Types of Insolvencies in South Africa

Understanding the different types of insolvencies is important for individuals and businesses who are struggling to meet their financial obligations, as it can help them choose the best course of action to address their financial difficulties.

Insolvency, Liquidation, Bankruptcy – What is What?

As a law firm specializing in insolvency and liquidation in South Africa, we know how important it is for individuals and businesses to understand the differences between these three terms. In this blog, we'll provide a clear definition for each, as well as an explanation of the key differences between insolvency, liquidation, and bankruptcy.

Judge Orders Seller to Pay Homeowner R400K for Concealing Defects

Molatelo Maloka, who purchased a home that turned out to have a number of defects. Despite the initial excitement of owning her dream home, Molatelo soon realized that the house was in a state of disrepair, including issues such as damp, a strong smell, and paint that was bubbling and cracking.

Estate Agent Commission – Conflicting Claims

In order for an estate agent to be entitled to commission, they must have been the effective cause of the transaction. This means that they must have played a direct and significant role in bringing the buyer or tenant and the seller or landlord together and in facilitating the successful completion of the transaction.

Stipulatio Alteri – Claiming for Agent Commission

A stipulatio alteri is a legal term that refers to a provision or clause in a contract that states that one party will receive a benefit or commission, regardless of whether or not they were the cause or reason for the contract being fulfilled. 

Owning an Exotic Pet – It’s Legal, but is it Ethical?

Laws and regulations regarding exotic pet ownership can vary by country or region, and different species may be considered exotic in different locations. Some animals may be considered exotic in one country, but not in another, depending on the native species of that area.

Transferring a Deceased Estate in South Africa

Throughout a person's life, they will accumulate a variety of assets and obligations. These assets can range from tangible items such as property, vehicles, and furniture to liquid assets like cash. On the other hand, liabilities may include home loans, personal loans, and retail accounts.

How to Avoid Delays in the Transfer of Property

Property transfer delays can be extremely frustrating for everyone involved and, what’s worse, is that often delays can cause unexpected costs from arising – costs that nobody prepared for.

Reasons for Delay in Property Transfers in South Africa – Part II

There are a number of different role players when it comes to transferring property from one person to another. These include local municipalities, SARS, and body corporates to name a few. When attorneys to do not receive full cooperation from external role players, significant delays can be expected.

Reasons for Delay in Property Transfers in South Africa – Part I

Due to the number of legalities involved with buying and selling property in South Africa, the process of transferring property from one owner to another can be extremely lengthy. Buyers and sellers often become frustrated with delays because they are not aware of how intricate the process is.


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