Subscribe
July 2024 Newsletter
Article Image

Home Buyer loses R5.5m in Phishing Scam – Don’t Make the Same Mistake!

It’s an exciting time, buying a property. But don’t let your guard down – cybercriminals love the lucrative pickings on offer from property transactions, and they never sleep!

We’ll discuss the recent Supreme Court of Appeal case of a widow who, in trying to pay over the purchase price of a house, lost her R5.5m when her email system was hacked and she fell victim to a textbook email scam. Why did the SCA rule against her? How should she have protected herself? We’ll address those questions and share 5 steps you should take immediately to avoid falling into the same trap.

read more
Article Image

Brand-New Car Giving You Nightmares? CPA to the Rescue

You buy a brand-new car. “Great”, you think, “there’ll be no defects in a new car”. But you’re wrong – you notice an odd rattle, a mechanical failure, a patch of rust. The dealership refuses to replace the car or repair it. What can you do?

Two recent High Court decisions confirm that the CPA (Consumer Protection Act) will come to your rescue, but only if you follow the correct procedures and only if you can prove what you need to. Let’s see why the buyer in the first case lost but the second buyer won… 
read more
Article Image

The New Cannabis Act: Here’s What You Will and Won’t Be Allowed to Do

Following the Constitutional Court’s partial (and rather vague) legalisation of private, personal use/possession/cultivation of cannabis in 2018, the new “Cannabis for Private Purposes Act” has finally been signed into law. 

But, contrary to the impression created by many excited media reports, the Act is not yet in force, nor does it set “maximum amounts” of plants or dried cannabis that can be possessed or cultivated. Let’s have a look at what the Act actually does say, and at what it will, when it commences, allow and not allow…

read more
Article Image

Can You Sign an Affidavit Over Zoom?

We’ve all grumbled at having to go and find a commissioner of oaths in a police station or bank just to attest an affidavit, and in these days of online meetings and electronic signature and storage of documents, it seems positively archaic that we can’t do everything remotely.

But, as the relevant Regulations are currently worded, face-to-face physical commissioning seems to remain the only guaranteed way of ensuring that your affidavit will be accepted in court. We’ll discuss why that is with reference to three recent High Court decisions with different facts and differing outcomes.

read more
Article Image

Legal Speak Made Easy

“Rouwkoop”

Mostly found in property sale agreements, a “rouwkoop” (literally, “regret-purchase”) clause sets out how much a party who wants to pull out of the agreement without breaching it agrees to pay the other for the privilege. The concept is sometimes confused with that of a “forfeiture of deposit” or “penalty” clause which applies only if the sale agreement is breached. The distinction is subtle but if you see the word “rouwkoop” in an agreement, be on your guard. Whilst only penalties that are proportional to the loss suffered are allowed by our law, you could inadvertently be agreeing to something you will regret later on.

linda@martinlaw.co.za dave@martinlaw.co.za andrew@martinlaw.co.za terisha@martinlaw.co.za www.martinlaw.co.za
Disclaimer
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.

© DotNews.  All Rights Reserved.


  A Client Connection Service by DotNews