Anthony Whatmore & Company - LawDotNews February 2019 | Property Owners, Buyers and Agents: Check for the Title Deeds Before 25 February! https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTNVlOnxWvg4PZysntRNYUA0XmcJbLJmpqVPn0qV6+U4IS46pi+mgImpAZ8tqPpOMhs09WyBkKcUlVa3/Ut9E+kfxvUANh1KxBE3jt2PusjTCMB2Xd1fHtVgIQttFx8TT0poOMAxHog2KghvR5lr5D/ Anthony Whatmore & Company 01 February 2019 The last thing you want in any property transfer is any more delay and cost than is already built into the process.&nbsp; Unhappily, that is exactly what is in store if the property&rsquo;s original title deed is for any reason not to hand. Whether it has been lost or destroyed, you will need your conveyancer to apply for replacement with a certified copy from the Deeds Office. And whereas that is currently a pretty straightforward procedure with minimal delay and cost, that is set to cha... January 2019 | Paternity Leave and Minimum Wages – How Will The New Laws Affect You? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySL46/vyjH8zl/ZBE5rQi5svA+Qal2lqjn1sIBRqWRhEZO2fM9SSavjdaKFXukMAJkbHNxKkjfo1MPRvOrdik7NzIKROsmH/QIRsVIZ7gEAWsMfQIqi37rg1EEbbUVaO4qAZBf1WJ121t0FzKgryxbv Anthony Whatmore & Company 07 January 2019 Both employers and employees should be up to speed with the new labour legislation which will affect all businesses and individuals on one level or another. Firstly we discuss the new &ldquo;parental leave&rdquo; provisions relevant to fathers, adoptive parents and commissioning parents in surrogacy agreements. Next we look at the new National Minimum Wage and the different hourly rates applicable to various categories of employee. Finally we&rsquo;ll address new provisions relating to... December 2018 | Buying Property this Festive Season? Check the Title Deed First! https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRfukB56JC8zuKfF18pQ/GTsgzHuUr23TkeGVI5TszSuMJ9orwlh1yvR5bsuPTh3nOKuILIkoXCaaiC2E1dfs18Z9KqcZ3ESeMT/Qi4GQ4Gd9JqEYDMg94+9pxuOOa/ILNimbmqEBw0YVocCUppXDjX Anthony Whatmore & Company 01 December 2018 If cowboy Will Rogers&rsquo; practical advice &ldquo;Don&rsquo;t wait to buy land, buy land and wait&rdquo; has you looking for a property to buy this Festive Season, don&rsquo;t miss out on an invaluable source of relevant information &ndash; the title deed. What you find in the title deed of your prospective purchase could make or break your decision to buy it, and it will certainly impact on how much you want to offer.&nbsp; We&rsquo;ll tell you what a title deed is, why it&rsquo;s imp... November 2018 | Can I have pets in a residential complex? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySm3/jjWoT0gAeDwVYr+fgb+1Me8P86ckzFoKg2inpt2pqe2C1LrMQOWJjURHuCSLoUt5g4Jk7HkFeE0iDjPiNcBdbV9x9iWA8/J9WXvqS47j8q/X2zfw1qfL32y+yF6AQFufGkT59WO1cOpG+WQLMi Anthony Whatmore & Company 01 November 2018 Life in a residential complex comes with many benefits &ndash; hence the increasing demand for apartments and security estates - but it also means sacrificing some of the freedom of choice you would enjoy if you were entirely on your own. For example, pet ownership is often a contentious topic in community schemes, so in the common interest it&rsquo;s likely to be regulated by the scheme&rsquo;s Conduct Rules. Read on for some ideas on how to establish what your legal rights are, with adv... October 2018 | Selling Your House: Disclosing Defects https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQ1Fk8llVL9Mld8N42khILH/IdRitrGXR9NqE3BPvzMrUmddDrIpJcbSFsVkzZjlBeWCYMSDM8REySw6YdIgq8CVnERN7sFJZLIaKXUegdBB7finUKpdJgvsQJ6UY7TA71nTzbW74JG0PGwjbfaNI/x Anthony Whatmore & Company 01 October 2018 When you sell anything, our law requires that you deliver it to the buyer without any defects. That&rsquo;s not easily achieved with property and you should always protect yourself with a <em>voetstoots</em> (&ldquo;as is&rdquo; or &ldquo;without any warranty&rdquo;) clause in your sale agreement. But, as a recent High Court case involving a house with roof leaks, defective pool equipment and a list of other defects shows, that won&rsquo;t protect you if you acted unlawfully in failing to di... September 2018 | Do You Need a Will? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTNJiqvlZhjqEunptTUdjtGG2xnTCAtTzJOM4pI+5AQMgKW54Iaw50u5h6ybzywLd04k/TIv2QtYnf50uoAwyqvNEb7/olhDgvg2TAHvrYJVV6meZCebVqtYPqyAnF/GVLNqJqGs+MxoWKGTG5nx9+h Anthony Whatmore & Company 01 September 2018 We all die, and we all know that it is up to us to ensure the happiness and well-being and protection of our loved ones long after we are gone.&nbsp; But it&rsquo;s not easy to contemplate our own mortality, nor is it easy to find the time in our busy schedules to attend to even the basics of doing so. This article is about the one basic that needs your <strong>immediate</strong> attention. That of course is to make your will. We look at exactly why a will is essential, at what happens to yo... August 2018 | Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRI51N5QfLb4TG3QK8yjAbmWLQYDFgyhUMefrs2VFGGn+UVwWbNyoxK8eEW1eC0sM+wX2O24Ol/595q0MUq1FS+ASFWX67EzH0aX+VJbeuELcuCc01aE/6NVQpKTdI/KWVeB9E75IgldBeQLljpZp/j Anthony Whatmore & Company 01 August 2018 As a Body Corporate trustee you will understand how important it is to collect arrear levies from defaulting owners. And of course as a section owner you have a personal stake in the process. When normal debt collection processes fail, what do you do? Sometimes it makes sense to apply for the debtor&rsquo;s sequestration (just the threat of that has been known to scare even the hardiest of debtors into paying up!) - but beware the &lsquo;danger of contribution&rsquo;. We discuss what that... July 2018 | How to Escape from a Property Suretyship https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yS1bBmiB439Rf6EdQl7yDo9TQog6pXY5+jchGx+uUZNAf0ifQNlWCpX6OcTpeY28OTPokqlVaAUEpY1k/xTyyRoVPG0QtkMuI340D+6RjET5Dr2SeXUj4+DZiD6RAi7ef6+v48AxEN3OwXPIu1fxDe3 Anthony Whatmore & Company 01 July 2018 You are a director of a company entering into a good, sensible property deal which you have researched thoroughly. So when you need finance from the bank and the bank says &ldquo;sure, your company can have a R5m loan, just sign this personal suretyship here&rdquo;, you sign. It&rsquo;s only when everything falls apart down the line and the bank sues you personally for R5m, that you desperately start looking for ways to get out of your suretyship. We discuss a recent High Court case illustra... June 2018 | What Happens If You Cancel Your Lease Early? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQOzoWCpuysHrXrLg+jiGjU/FYkkIO3G1jhjqCWExQYxYkiV56/4wTJj6m/BNoG71Qx+DC3odsVQBXScIlFVbgkoELebZx6ly2pmSKhHWsJZXKACCl/nrU8mkNyVSz5mV4PINuQQ+Veqvzzb9zRx1Yp Anthony Whatmore & Company 01 June 2018 Whether you are a tenant or a landlord, chances are that sooner or later you are going to be asking yourself the question &ldquo;What happens if the lease is cancelled early?&rdquo; Of course there are no free lunches in life, and a tenant wanting to cancel before the lease has run its full course is going to have to pay at least something for the privilege.&nbsp; But how much that payment will be, and how much notice the tenant must give, depend on several factors&hellip;Road rage incide... May 2018 | Facebook Defamation – The Truth is not Enough! https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTSoo9pcCZz1zqjlx2IQha8jVVd7Dk6ZLyVBKhj/4OKr7cdLwhVl82SG14UxSJoJzZUX+gP7MQp6fhNZ1hMw0uQp3aWbb45m//clsclmfBWh2ZG++Rr/x9FYX2TeX/fDXyrN8A7XnGdOIj9u5SCgVBG Anthony Whatmore & Company 01 May 2018 No one wants to be sued for defamation. Apart from the public embarrassment (the media loves this sort of story, particularly where there&rsquo;s a Social Media angle), emotions tend to run high so you will be embroiled in litigation that is as unpleasant as it is costly and time-hungry. A recent High Court case sounds yet another warning to be careful what you post online, <em>even if you believe that what you are saying is nothing more than the simple truth.&nbsp; </em>Here&rsquo;s what th... April 2018 | How to Avoid Disputes over Jointly Owned Property https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySpSmlU5Grv4SMqM5n829GWnYywAhhFdS3aoyQvqBTvMpqlekxMtB+KJDmsKkpPCBAovxkcTNxbUgnBTIBKbZmrBldtLL+EbaL9+cPpPlpadaUGrO55Zj/9ipA+izhdblGeNQMvMn4uPd7Hsj7SeFkU Anthony Whatmore & Company 01 April 2018 Pooling your resources with someone else to buy property can make a lot of sense, whether you plan to share a house, a holiday home, an office or just an excellent investment. Just remember the old Roman law maxim &ldquo;co-ownership is the mother of disputes&rdquo;. Plan upfront for the day that relationships sour or disagreements arise. Otherwise you risk all the hassle, cost and delay of dispute and litigation. Luckily there&rsquo;s a simple solution. Read on for your pre-purchase chec... March 2018 | Can You Still Sell As Is? CPA v The Voetstoots Clause https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySPIciiiPgIAVlzYgBDRe6eZM0oH32oWmyL3h0xIAbriVHn8YUfVN6wI+7ZG5CSxXCSy2QsXFGmhoNXvZZ2ja+XMRl9wHUnojCYNq9KwnF7/TLMdEeythE/XhwBfB2Y+TtuoXGttlaLi2E9qsbpbGXd Anthony Whatmore & Company 01 March 2018 When buying or selling a house, a car, or anything else, you should be clear on whether or not things can still be sold &ldquo;as is&rdquo; i.e. without any warranty against defects. There has been much speculation as to whether or not the very common &ldquo;<em>voetstoots</em>&rdquo; clause has been killed off by the strong buyer protections contained in the Consumer Protection Act, and we analyse this question in regard to sales of both movable and immovable property.&nbsp; Let&rsquo;s ... February 2018 | Security Estates: Are Your Rules Enforceable? https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRHzubS0pM1ttgPkrH7rwcmTx7UXlRzjzUxCBmw1MRdi/aiS95DLjpCT4EWc1ec3/iuOiQYYzxAf8xuDYl9e7OiuHv5m/x//S9i/afo3kkWriN/FQwKPb1mGQRGMHAYJ8mNeeDdrTAj6Zda60qRypU9 Anthony Whatmore & Company 01 February 2018 Buying into any form of community scheme means binding yourself to comply with all the scheme&rsquo;s rules and regulations. Read and understand these rules before you buy - our courts will usually hold you to them. But not all rules are legally enforceable, and there&rsquo;s a strong warning for security estates in a recent High Court case where estate speed limits and restrictions on the movement of domestic employees were challenged and found wanting.Dismissal from employment is a drastic... January 2018 | Plot-and-Plan: Great Option, Just Beware the Building Deadline https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySN/VzPOY6ysi4/SjIQoBwlVZcP6apLzFI5AiSIsHitFPpmZkNAprf6P/1+nspdAmBAO6nSaU64jODUpAOoejXB4mnq4GLIX44hZR+e1eVLzMf9eBZKn1Ct597oE2gUwjjAoX9pYDfSD2oFgL6YKIR3 Anthony Whatmore & Company 01 January 2018 There are many benefits to the &ldquo;buy and build&rdquo; option when you decide to buy a house, but they come with some important cautions. One of them is that buyers who fail to build on their plots by deadline risk penalty levies and/or buy-back (retransfer) clauses.&nbsp; We discuss a recent SCA case illustrating both the risk to buyers of a buy-back clause, and the need for developers to beware of losing their claims through prescription.&nbsp;The Henri van Breda saga is a perfect exam... December 2017 | It’s Wedding Season! Here’s Why You Need an ANC (Whether You Marry Here or Overseas) https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91ySYfY1z2B00uTl8kL8uTsP5GY+PakADw8aOOag5Qx5dfVoi5/LFmYtH4u4ylNxFd9EQCCWx1bUZFpTy9dI8ycihyNNc2blAlNxa2S5/RnjmyRWEP2SMzwJ8nPho6XhT18BOWHocE7hozreEywdT70km Anthony Whatmore & Company 01 December 2017 Wedding Season is in full swing, and it is essential that you start off on the right foot by sorting out all the legalities beforehand.&nbsp;&nbsp; Upfront legal advice and assistance is essential here. We&rsquo;ll look by way of example at the &ldquo;international wedding&rdquo; scenario - at which country&rsquo;s &ldquo;marital regime&rdquo; will apply to you (that&rsquo;s vital knowledge so don&rsquo;t ignore this), the grey areas surrounding the &ldquo;domicile&rdquo; issue, and a very s... November 2017 | Closing Down the Guesthouse Next Door: Notes for Owners and Neighbours https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yTEQE6eQzQZJwbv44FFwBSw7GuqRCQbPg+9FW+2DumeUfOA7ecj/5XXQ9W8kKojvan727t8oNa7/vjBUZtWVoIGrWd//UFWYXPQOMY9vQZ5XJ7mlDC9qpeR+w29U8xidzKAIPC22kvXrj0CRCljCI9+ Anthony Whatmore & Company 01 November 2017 Are you planning to open a guesthouse?&nbsp; Or perhaps you live next door to an existing guesthouse and for some reason want to have it shut down? Either way, you need to know what your rights are, and what you will have to prove if you end up in a court battle.&nbsp; By way of illustration we discuss an attempt by residents of a quiet suburb to shut down a guesthouse amidst allegations of noise, wild parties and nuisance guests.&nbsp;&nbsp; <strong>The Court&rsquo;s decision is as impor... October 2017 | How the “Historical Rates” Judgment Affects You https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQ4p74yxVMtHFyg84O/uewCtFPZKbKXU/u38GGLJDz9XNJN0QTQIGfEfQA+rGv9bE7EOQSStNRae6B0ywf2ztW6WEO1Si3p/KqZQFP8RDP817scqgS4+vTh4rNlylsobKOVlT+6rKxwGg7MfDlaKeD5 Anthony Whatmore & Company 01 October 2017 A recent Constitutional Court judgment held that municipalities can no longer force a new property buyer to pay the seller&rsquo;s &ldquo;old&rdquo; municipal debts for rates, municipal services etc. &nbsp; Before that judgment, you were at risk of buying a house thinking that all you had to pay was the purchase price and transfer costs, and then later finding out that you were also in for historical municipal debts that had been run up by previous owners. &nbsp; A lot of money could be a... September 2017 | 7 Myths about Making a Will https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRyOgq8Tm5Vkpb4meObfdi0MgBQ4+kRcKSkDjfKMoDKEiOml472fLMRFZCEv/iflolJWOdXbqrJFVsE0/b4K9NZ4GOY9L72hl4Se1q51C8sAAlSF4z8bPgJke6fqqvlv3uYZp+s38HdNldpnrxJYcB5 Anthony Whatmore & Company 01 September 2017 If you haven't already made your "last will and testament" you need to get it done now. &nbsp; And you should have a professional help you.&nbsp; Why is a properly-drawn will so important? &nbsp;To answer that, we debunk a few of the more pervasive myths and misconceptions surrounding wills &hellip;If you have a spare room, holiday house, apartment or indeed any type of residential property available to let out as a short-term rental, consider using online platform Airbnb.&nbsp; Its po... August 2017 | Verbal Agreements – The Property Perspective https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yQruGPda1mnkrK0zzhE64lW2BnVsDjynPoV2VHgf0ca9L2ELE3IPce3vMaHsAzoZht3IS4E0vdCEvvyqPqf9Oj0XJKdGTO8e9ZaCcJaqbUZHGJmEKw79xXCXX5qAmPuixsFjZmuBdRssi/iPph6XHKg Anthony Whatmore & Company 01 August 2017 Always seek legal help before you agree to anything, particularly when dealing with property. The outcome of a recent High Court case illustrates - the occupants of a property which had been sold and transferred to a new owner refused to vacate and then resisted his application for their eviction. &nbsp;They even tried to have the sale and transfer to him set aside, all on the basis of an alleged verbal &ldquo;agreement to agree&rdquo; between them and the original seller. &nbsp; We look ... July 2017 | Your Property Sale Agreement: Be Careful How It’s Worded! https://www.dotnews.co.za/Code/online.aspx?qry=ZSpQuU5At1JrluIQsNfWTc2Jhw3dco00qmDitmB91yRem9XzZaFcJH5Aqr/L0I0V0pmlxLTzolOw1YfchKm5XHiBtgFEzVforhOK5iaAO+fKOZ79uzDaxkCSGzBFU/RBj9Q87VuClUI1KVQm2sIvD0Xd2ZfAx3iVw2Be1aI19XRIwnOHVG12Ph5WU/XpGnqc Anthony Whatmore & Company 01 July 2017 <strong><em><span style="color: rgb(31, 73, 125);">&ldquo;In war and litigation, both sides suffer&rdquo; (old Roman proverb)</span></em></strong> Buying and selling property is a potential minefield for damaging dispute and expensive litigation. Navigating that minefield starts with a professionally-drawn sale agreement which clearly records exactly what you have agreed to. &nbsp; We look at a recent High Court fight over the precise meaning of a bond clause, a fight which landed both...