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Anthony Whatmore & Company Newsletter     |    November 2019
"Seller’s Remorse" and "Subject to Sale of the Buyer’s Property" – Can They Sink the Sale?
Holiday Season can be an ideal time to buy and sell residential property, and if you are in the market for a house – or about to put yours up for sale – be mindful of the fact that both “seller’s remorse” and sales with suspensive conditions (like “subject to sale of the buyer’s property”) are much more likely now than they have been for some time.

So both buyers and sellers need to understand whether it is easy or difficult for a seller to escape from a sale agreement signed in haste.

We discuss a recent High Court decision which addressed three important questions put forward by just such a remorseful seller in trying to avoid the consequences of her signature.  
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About To Marry? Don’t Forget Your ANC and the 3 Types of Marriage
It’s Wedding Season again, so here’s a timely reminder to all you happy couples working on your “To Do” lists - put the “boring legal bits” high up in the priority section and not squashed down at the bottom in between “Book Airbnb for Auntie Jo” and “Bath dog”.

We’ll discuss what exactly an antenuptial contract (ANC) is, what it does for both of you, and why it is an essential planning tool for your future life together. Then we’ll analyse your 3 choices when it comes to which “marital regime” will apply to you (with a useful practical example of the “accrual system” in action).

We’ll end off with some thoughts for those already married… 
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Employees on Probation: Can You Dismiss for Poor Performance?
You decide to hire a new employee, but neither of you is entirely sure that the “fit” will be right. Will the job suit the new hire and vice versa?

The good news is that our law allows you to employ someone new on a probationary basis precisely so that you can determine suitability, but beware – that does not mean that you have carte blanche to dismiss him/her at will during the period of probation. In fact if any form of corrective action should become necessary you have to ensure that it is “fair” in every respect. 

Let’s have a look at how you should go about doing that, at the applicable Code of Good Practice, and at a practical example recently decided in the Labour Appeal Court. 
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It Pays to Report Crime! First Offender’s 20 Years in Prison Confirmed for R4.9m Fraud
Given half a chance, our courts take firm action against crime, and a recent Supreme Court of Appeal judgment is only one of many recent instances of victims seeing justice delivered in full force to the criminals who preyed on them.

A SETA employee who defrauded grant beneficiaries of R4.9m was sentenced to 20 years in prison. The fact that he was a first offender, his expressions of remorse and his plan to repay his victims cut no ice with the Court, which described white collar crime, particularly fraud, as “a cancer that is crippling our country from the core”.

Our law’s minimum sentencing provisions played a part in this outcome, and we examine how minimum sentences work, the wide range of serious offences they apply to, and how they are there to give heart to victims that justice will be served.  
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Your Websites of the Month: Buying or Selling Anything? How to Use Facebook Marketplace
By all accounts Facebook Marketplace is giving Gumtree, OLX and other online classifieds a real run for their money in both the personal and business markets. It is now used every month by 800 million people in 70 different countries.

Have a look at Facebook’s “How Marketplace Works” guide here for a step-by-step guide on buying and selling anything, sorting by distance or new listings, notifications, following, safety and trust issues and so on. 

For more ideas, and for 5 ways to use Facebook Marketplace for your business, read “Facebook Marketplace: The Marketer’s Guide” here Facebook Twitter Contact Us

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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