You and your family move into your new dream home full of happy anticipation but then it rains, and your roof leaks. Badly. 

As you run around with buckets and towels while trying to find a roof repairer available at short notice, you wonder whether you can sue the seller. We’ll address that question with reference to a recent Supreme Court of Appeal judgment concerning a flooded-out guest house and a seller who denied fraudulent non-disclosure of roof defects.

 


Chennells Albertyn Attorneys's Monthly Newsletter
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August 2023 NEWSLETTER
Your New House Leaks Like a Sieve – Can You Sue the Seller?

You and your family move into your new dream home full of happy anticipation but then it rains, and your roof leaks. Badly. 

As you run around with buckets and towels while trying to find a roof repairer available at short notice, you wonder whether you can sue the seller. We’ll address that question with reference to a recent Supreme Court of Appeal judgment concerning a flooded-out guest house and a seller who denied fraudulent non-disclosure of roof defects.

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Can Your 👍Thumbs-Up Emoji or E-Signature Seal a Deal?
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In days of yore, a written agreement involved paper, ink and physical signatures. But today you can find yourself bound to an online contract with not a drop of ink involved. A recent High Court case, in which a debtor’s attempt to escape an electronic contract and signature failed, illustrates.

We’ll discuss also an internationally reported Canadian case in which a seller’s👍thumbs-up emoji was held to have bound him to a texted sale contract.  But would a South African court have reached the same conclusion?
   
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Divorce: What is Forfeiture of Benefits and When is it Ordered?
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Divorce is at best stressful for everyone, and at worst it involves bitter dispute and recrimination, perhaps to the extent of one or both parties applying for a “forfeiture of benefits” order.

What is that order, how easy is it to obtain, and what factors will the court take into account in deciding whether or not to grant it? We’ll address those questions with reference to three recent and illustrative High Court decisions which involved extra-marital affairs, emotional and financial abuse, and other “substantial misconduct”.

   
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How to Stop Someone Damaging Your Good Name on Social Media
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What’s the best way to protect yourself from someone out to damage your reputation? It’s all too easy these days to hurt us or our businesses online, with social media channels in particular providing attackers with quick and targeted launchpads for defamatory posts.

Fortunately, we have several legal options available to us. We’ll analyse them with reference to a recent High Court case in which a property developer was being attacked on both a WhatsApp group and Facebook by a fired contractor.

   
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Legal Speak Made Easy
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“Caveat Emptor”

This is an old legal principle meaning “let the buyer beware” and it’s essentially sensible advice to buyers to inspect whatever they are buying thoroughly before they buy it. Our modern consumer protections have tempered the legal effect of that principle to some extent, but it still applies legally in some instances and in any event it’s always sound practical advice for daily life. So next time you buy a house, or a car, or a pack of apples (or indeed anything) think “caveat emptor”!

   
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.


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