Dodgy Deck: When a Property Defect is Your Problem, Not the Seller’s

“The buyer needs a hundred eyes, the seller not one.” (George Herbert) A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs claimed of just over R100 000. The facts are not complicated. But the legal battle that followed lasted more than a decade. What happened The buyers purchased a residential property in October 2013 after the estate agent described it as being in stunning condition. They took occupation in January 2014.

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Bad Manager or Workplace Bully? Where the Law Draws the Line

Not every difficult manager is a workplace bully, and not every uncomfortable workplace is an unlawful one. But where exactly does the law draw the line?
A 2023 Labour Court judgment tackles that question head-on, with important lessons for both employers and employees. If you’ve ever wondered whether a harassment claim would succeed against your employer, or whether your management style exposes your business to legal risk, the answer may surprise you.

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She Fell Out of a Safari Vehicle: When Disclaimers Fail

Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.
These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.

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Reckless Lending: You Could Lose Everything

Before you make a loan to anyone, be sure to comply fully with the strict requirements of the National Credit Act.
If you don’t, you could lose your loan entirely, with a recent High Court decision providing a stark reminder of the consequences. The Court declared a R430,000 loan to have been “reckless lending”, leaving the lender (a family trust) to write off the bulk of its loan, lose a decade’s worth of interest, cancel its security bond over a house, and pay legal costs. Why did that happen and how can you, as a lender, avoid the same fate?

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Buying a House: What Costs Will You Pay, and When?

It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on?
We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.

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