Taylor and Finlay Attorneys's Monthly Newsletter

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October 2018 NEWSLETTER
Selling Your House: Disclosing Defects
When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots (“as is” or “without any warranty”) 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’t protect you if you acted unlawfully in failing to disclose known defects to the buyer at the time of sale. 

It’s important here to understand the difference between “patent” and “latent” defects, and we suggest a way to avoid any disputes or accusations of fraud when selling.
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 Conveyancing Family Law Business Law Civil Litigation Financial and Estate Planning

Dagga – Just How Legal is it Now?
ArticleImage Whether or not you personally have ever had (or intend to have) anything to do with cannabis/marijuana/weed/dagga, and whether or not you agree with the recent Constitutional Court ruling that partially decriminalises it, the fact remains that the highest court in our land has spoken. All of us should be aware of the implications. 

We explore the danger of ignoring the grey areas still remaining, with comment on the limits of the ruling, the remaining danger of arrest (both generally and whilst driving), and its relevance in the workplace.

We end off with some advice specifically for employers. 
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The Importance of Directors’ Meeting Minutes - “Who, What, Where, When and Why?”
ArticleImage Both your company and you personally are put at risk if you fail to comply with the many fiduciary duties and statutory responsibilities imposed on you by the Companies Act.

As part of managing that risk you should prioritise the preparation and retention of correct and accurate minutes of all your board and committee meetings. This is not only a legal requirement but also good corporate practice, and it will pay you to ensure that this vital process is carried out carefully and properly.

We share some thoughts on how to do that under the “5Ws” headings of Why, What, Where, When and Why.
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Aging Employees: When Must They Retire?
ArticleImage Employers and employees: Be prepared for the record numbers of Baby Boomers now reaching their 60s. Many of them won’t want to retire for years yet, perhaps for financial reasons or perhaps because they want to keep active in their fields of expertise. That’s great if the employer agrees to keep them on; but if not, disputes loom. 

We discuss questions that both parties should be asking themselves long before the “Big Birthday” looms: When must employees retire? Does our law stipulate a standard retirement date? What policies and contracts should employers have in place to prevent uncertainty and dispute? What should you do when the stipulated retirement age is reached? Read on for the answers…
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What To Do When Someone Dies
ArticleImage Death is a topic we’d rather not dwell on any more than we absolutely have to.

But it comes to us all, and just as we need to prepare for our own deaths by providing for our loved ones’ continued well-being with a valid will, we should be ready to deal with the various legal and practical issues that we will face when someone close to us dies. 

There is unfortunately a lot of red tape involved, and in the shock and distress of dealing with your loss it may help a little to have on hand checklists of the main legal formalities and of the practical issues that you will need to prioritise. 
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The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.

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