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PROPERTY SELLERS - CHOOSE YOUR OWN ATTORNEY!
It is absolutely vital to have your interests protected when selling immovable property. As Seller, always insist on nominating your own attorney to attend to the transfer - and don't ever be pressured into agreeing otherwise. Have your attorney check the Deed of Sale before you sign - there are many pitfalls to avoid.
………… AND GIVE NOTICE ON YOUR BOND
As soon as you decide to sell your property, check how much notice of cancellation you must give. It is commonly 3 months, and you will pay dearly if you give short notice.
ALL THE NEW INCOME TAX DEADLINES: DON'T MISS THEM!
Don't incur penalties for late submission of income tax returns. These are the new deadlines as announced by SARS: - - 5 December 2008 - Extended deadline for manual submission of individual income tax returns
- 19 December 2008 - Deadline for manual submission of income tax returns for trusts
- 23 January 2009 - Deadline for electronic submission of all income tax returns (eFiling and via branch)
- 12 months after financial year end - Company returns (IT14) and Exempt Institutions returns.
NEIGHBOURS ABOUT TO DESTROY YOUR SEA VIEW? MOVE QUICKLY!
A recent Supreme Court of Appeal judgement confirms the need for you to take legal advice without delay as soon as you hear of any municipal decision that may affect your rights (in the case in question, approval of the neighbour's plans to build a second storey onto her house, blocking a sea view).
In some circumstances, you need to appeal the decision via the municipal manager within 21 days - but deciding when this is necessary and when it isn't is not easy, so don't take the risk of delaying!
BUYING A VEHICLE? CHECK THE VIN AND ENGINE NUMBERS!
All motor vehicles must have a unique 17 digit VIN (Vehicle Identification Number) - normally riveted to the chassis (referred to often as "the chassis number"). Engine numbers are normally manufacturer-specific and may be duplicated across makes.
Never buy a used vehicle if there is any indication of tampering with either number, and don't allow anyone repairing your existing vehicle to in any way damage or alter either number - even innocent possession of such a vehicle is strictly prohibited, and risks immediate forfeiture (and prosecution).
There are no "ifs and buts" here - a recent High Court case confirming the police forfeiture of two haulage trailers (with VIN plates that had been re-riveted) shows that it will not assist you to prove any of the following: - - Ownership - possession is unlawful, even for lawful owners
- Issue of a "police clearance" certificate - which confirms that the vehicle hasn't been reported as stolen in South Africa, but doesn't legitimise possession
- That you don't intend to drive the vehicle on a public road (the trailers in question were to be dismantled for parts)
- That the tampering was innocent or done by someone else (the owner in question ascribed the removal and re-riveting of the plates to vehicle repairs).
You can only try to get your vehicle back by applying for the vehicle to be registered with new engine and chassis numbers. That's risk, delay and hassle you will want to avoid.
VAT REGISTRATION AND REFUNDS - EXPECT DELAYS
Earlier this year we all celebrated when SARS announced a new fast-track issuing of VAT registrations. Sadly that seems to have resulted in an increase in VAT fraud, causing SARS to bring in additional registration requirements and checks both for registrations and refunds. Expect more complexity and delays - possibly substantial ones.
Plan ahead!
CARRIERS CARRY THE LOADING CAN
If you are a transport business, you are a "public carrier", and liable for any damage or loss to goods entrusted to you. The particular risk you face is that to escape liability you need to prove that you were not negligent - and that's the rub, because the onus here is on you, not on your client.
And, per a recent High Court decision, if damage results from incorrect loading of the goods, it is no defence to claim that the client took responsibility for the loading, because "it is the carrier who must be satisfied that the cargo is correctly loaded."
You can of course contract out of such liability to an extent, and it is vital that your contracts are properly drawn to incorporate the widest possible exclusionary clauses.
DEEDS OFFICE FEE INCREASES
Deeds Office fees have increased with effect from 27 October - minimally in most cases, but property buyers will want to take the increases into account when calculating their total cost of purchase.
DECEMBER WEBSITES: IN THE SUMMERTIME …………
Summer's here! First do your bit for yourself and your country by checking that you are registered to vote - in the correct district - on the IEC website www.elections.org.za (if you aren't on the roll, get it done now - find out how and where on the same site).
Then make the most of the holiday season with these websites: -- Check the weather for your day at the beach/braai/round of golf at www.windguru.com. Temperature, cloud cover, rain, wind speed and direction, even wave height and periods - it's all there, and more.
- Party time! Plan your function, e-mail your invites and manage RSVPs online, at www.zoji.com.
- Flying locally, or meeting Granny at the airport? ACSA has airport maps and details, and arrivals and departures information, at www.acsa.co.za.
- If foreign shores appeal, find a worldwide travel guide that's up-to-date and practical (because it's written by travellers themselves) - go to WikiTravel at wikitravel.org/en/Main_Page.
- Better still, explore South Africa - rediscover the fun of inexpensive train travel with a Shosholoza Meyl "Tourist Class" or "Premier Class" Train (details and safety/tourist review at www.seat61.com/SouthAfrica.htm - Shosholoza%20Meyl), or find an "off-the-beaten-track" destination at www.squidoo.com/groups/off-beatSA.
- Where to take the kids? Search www.sa-venues.com/south-africa-family-friendly.htm. Keep them happy on the trip there with "Are We There Yet?" at http://travel.iafrica.com/searchsa/281694.htm.
- Or keep the kids happy at home - "MrsP.com" at www.mrsp.com is "a fun, new children's entertainment site that celebrates reading and books" (just keep an eye on bandwidth usage!). Then lure them (with big prizes of US$ 800 each) into some creative writing with an African theme - see "The Baobab Prize" site at http://baobabprize.googlepages.com/home for details.
- Help a charity! Support "carefully selected projects working towards the eradication of poverty in South Africa" by buying gifts (for any occasion) at www.makechristmasmatter.co.za.
- And finally, if your idea of Summer Heaven is losing yourself in cyberspace for a day or two, trawl through sites recommended by 6 million other surfers at www.stumbleupon.com. Then explore Time Magazine's "50 Best Websites 2008" - follow the link from
www.time.com/time/specials/2007/0,28757,1809858,00.html.
Have a Great Summer, a Fantastic Festive Season, and a Happy and Prosperous 2009!
Note: Copyright in this publication and its contents vests in LawDotNews(law.news)
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