Contracting with Trusts – Is a Majority Resolution Valid?

May 27, 2024 | Contract, Property, Trusts

“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides...

Rising Damp and Failed Waterproofing: How to Sue the Sellers

Apr 25, 2024 | Property

“[w]here a seller recklessly tells a half-truth or knows the facts but does not reveal them because he or she has not bothered to consider their significance, this may also amount to fraud” … “a willful abstention from establishing the true facts does not constitute a...

Property: Why Do You Need an Occupancy Certificate Before You Buy?

Mar 25, 2024 | Property

“…there is no obligation on the [seller] to obtain an occupancy certificate and to furnish it to the [buyers]” (Extract from judgment below) Imagine this – you buy your dream home, pay for it, take transfer into your name, and move in. But then disaster strikes. The...

Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection

Mar 6, 2024 | Property

“The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer comes in for your property, so you accept it. But you’re not happy with a few of the...

Landlords – Know your rights in business rescue

Jan 7, 2017 | Business Rescue, Property

Our business rescue legislation aims to save, wherever possible, any company in financial difficulty from total collapse and liquidation. So for example the BRP (Business Rescue Practitioner) appointed to run the rescue process has the power to suspend any of the...