Taylor and Finlay Attorneys's Monthly Newsletter

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Security Estates: Can You Fine Speedsters?
Buying property in security estates and other community schemes comes with a range of benefits, but it’s important to be aware of all the rules and regulations you are agreeing to - our courts will almost always hold you to them!

For example, Home Owners Associations and Bodies Corporate will welcome a recent Supreme Court of Appeal decision upholding the rights of a golf estate to impose a 40km/h speed limit (and penalties for breaching it) on all homeowners, tenants and guests using estate roads. 

We discuss the facts of the case (which involved speeding fines totalling R3,000 imposed on a homeowner’s daughter), its outcome, and the basis of the Court’s decision.
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 Conveyancing Family Law Business Law Civil Litigation Financial and Estate Planning

Accidentally Paid the Wrong Person? Lessons From a R862k Banking App Error
ArticleImage You accidentally pay a large amount of money to the wrong person. Or perhaps you overpay the right person. That sort of mistake happens all too often in these days of banking apps and online payments, and the question is - what can you do if the recipient point blank refuses to repay you?

A lot of money could be riding on the answer, and fortunately our law provides a remedy in the form of an “unjustified enrichment” claim.

We look at a recent High Court case involving R861,940 that was paid out to a couple when a bank’s “remote banking app” malfunctioned. Read on for a discussion of the Court’s decision, and of what you must be able to prove to succeed in such a claim. 
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Expats and Employers: Plan Now For the New Expat Tax Changes
ArticleImage Expats have until now enjoyed a tax exemption in respect of foreign remuneration earned, provided they meet requirements as to time periods worked overseas. The exemption will however be partially removed with new legislation recently passed.

We look at current requirements for exemption, what the new restrictions on the exemption will be, whether they will affect you, when they will take effect, and what you should think of doing about it. 

Note: If you yourself don’t employ a working expatriate, or if you aren’t yourself an expat but you know someone who is - a relative, friend or colleague perhaps - please think of passing this article on.
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Estate Agents: Securing Your Trade Secrets (and Your Commission)
ArticleImage A valid Fidelity Fund Certificate (FFC) is a necessity for any estate agency. Without it, no agent can claim commission, and now a new High Court decision suggests that the agency’s contracts generally could be at risk of invalidity.

The case involved an intern agent employed by an agency with a restraint of trade clause. When the intern left and joined a rival agency, her erstwhile employer tried to enforce the restraint of trade clause against her.

It was in for a very rude shock indeed. For 5 years after its conversion from a CC to a company, its FFC was still issued in the name of the CC. Big mistake…  
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Property Buyers: There’s a New Deduction from Interest Earned on Your Deposit
ArticleImage If you pay a deposit to the conveyancer when buying property, make sure that you earn interest on it. It may not amount to much (unless there are long delays in transfer and/or we are talking big numbers here) but it is as they say a lot better than nothing.

We share a few tips with you in that regard, and then we draw your attention to a new charge that will be automatically levied on whatever interest is ultimately credited to you. 

It’s only 5%, it’s mandatory, and as it goes to the new Legal Practitioners Fidelity Fund it is ultimately for your benefit, but don’t be taken unawares when you see it in your final account.
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Your Website and Video of the Month: Before You Enter an Uber…
ArticleImage Ridesharing services like Uber are convenient and popular, but you will have read of the “fake Uber” attacks and other safety concerns so on the principle of “safety first” always take a few common sense precautions when using them.

Before you get into your next Uber have a good read of their “Driving safety forward” page here. Pay particular attention to the 3 steps you should always follow before you enter the vehicle in the “Check your ride, every time you ride” section half way down the page. Also be aware of the safety features available to you in the app itself – they are listed in the “Designing a safer ride” section. 

Then watch Uber’s “Safety Never Stops” video on YouTube.


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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