'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. Se

'The big print giveth and the fine print taketh away.' (Tom Waits) You have almost certainly signed a disclaimer at some point. A waiver before a trail run, an indemnity form before a bungee jump, a clause buried in a brochure. Businesses rely on these documents to limit their exposure when things go wrong. A 2026 Supreme Court of Appeal judgment is a sharp reminder that a disclaimer is only as good as the process behind it, and that courts will not lightly allow a company to

'One of the greatest disservices you can do a man is to lend him money that he can’t pay back.' (Jesse H. Jones, entrepreneur) A recent High Court decision provides yet another cautionary tale for lenders. The stakes are high: get this wrong, and you could lose everything. Two big risks for lenders Before you lend, be aware of two major risks that you need to manage. Both are imposed by the National Credit Act (NCA): Not registering as a credit provider: If you lend money wit

'Good rules make good neighbours.' (Old proverb, updated) The many benefits of living in a residential complex come, naturally enough, with obligations as well as rights. With its innate potential for conflict between competing rights, community living requires a fine balancing act between the individual rights of owners and residents, and the rights of the community as a whole. Good rules make good neighbours Which is of course where a complex’s rules and regulations come in

'The only man who sticks closer to you in adversity than a friend is a creditor.' (Evan Esar) Body corporates face a familiar problem. Owners fall into arrears. Levies go unpaid. Legal costs mount. The temptation is to reach for the most forceful remedy available. Sequestration may seem like that remedy. If an owner will not pay, why not have them declared insolvent? A recent Gauteng High Court judgment offers a clear warning. A body corporate sought the sequestration of a un

'Lemon law, noun – a law that states that you can return a motor vehicle to get it repaired or your money back if the vehicle is no good.' (Oxford Learner’s Dictionaries) The car you just bought on instalment sale turns out to be a complete lemon. But when you return it to the dealership and cancel the sale, the bank still enforces the finance agreement and sues you for damages. “Sorry to hear about the defects,” says the bank. “But that’s not our problem. We weren’t the supp

'Wouldn’t it be nice to get on with me neighbours?' (from 'Lazy Sunday' by Small Faces) Maintaining friendly relations with the neighbours, or at least an 'I’ll ignore you if you ignore me' sort of neutrality, has probably been a primary aim of homeowners since the dawn of history. No doubt even our cave dwelling ancestors were as keen to get on with the Joneses next door as they were to keep up with them. But as we all know, it’s not always easy. A recent High Court fight o

'For what is wedlock forced but a hell, an age of discord and continual strife?' (William Shakespeare in Henry VI Part I) This article is a balm for anyone unfortunate enough to be stuck in an unhappy marriage full of Shakespeare’s 'discord and continual strife', yet too scared to consider divorce because of the costs. An uncontested divorce in which you agree on everything need not cost much but it’s a very different story if you know that your spouse will fight you to the b

'This [the Stalingrad Strategy] is a strategy of wearing down the plaintiff by tenaciously fighting anything the plaintiff presents by whatever means possible and appealing every ruling favourable to the plaintiff. Here, the defendant does not present a meritorious case. This tactic or strategy is named for the Russian city besieged by the Germans in World War II.' (Judges Matter website) Divorce disputes are of course intensely personal and emotionally charged affairs - and

'Dance like no one is watching, but text, post and email like it will be read in court one day.' (Anon) When can the target of rude comments and insults on a community Facebook group sue? The High Court recently grappled with a community debate over free-roaming jackals that turned sour. The golf estate and the Facebook group The scene here is one of Sandton’s large and secure golf estates, whose closed Facebook group, aimed at fostering community spirit, reaches some 1 800 r

'I have heard that in war, haste can be folly, but have never seen delay that was wise.' (Sun Tzu, The Art of War) Collecting debt from a recalcitrant debtor can feel very much like going to war, particularly if you have to slog through the trenches of a series of increasingly costly court battles. Which is where Sun Tzu’s warning against delay comes into play because not starting collection in time could defeat your claim entirely. The reason of course is that debts - with o

'If you suspect deceit, hit delete!' (Online cybersecurity slogan) October is Cybersecurity Awareness Month, a good time to note that as cybercrime continues to grow, more and more businesses and individuals are falling victim to the dreaded 'BEC' or 'Business Email Compromise' fraud. The million-dollar question: Who takes the hit? Typically in a BEC fraud, email or other electronic communications between a creditor and debtor (often a seller and buyer, or service provider an

' You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.' (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and illness after she discovered a decomposed snail in the remains of her ginger beer.) A simple burger night turned into an ordeal for a diner who swallowed a 'needle-like object' hidden in her meal. The High Court

“In Africa there is a concept known as ‘ubuntu’ – the profound sense that we are human only through the humanity of others.” (Nelson...

'Time shall unfold what plighted cunning hides.' (William Shakespeare, in King Lear) A recent High Court judgment confirms, yet again,...

'An ounce of prevention is worth a pound of bandages and adhesive tape.' (Groucho Marx) It’s a perennial topic of dispute in our courts....

In today's complex world, legal matters can arise unexpectedly. Whether you're facing a family dispute, need help with a business...

'Look before you leap.' (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3am beset by sudden...

'My word is my bond.' (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists and now tossed around by duelling...

'A body corporate’s lot is not an easy one.' (With apologies to Gilbert and Sullivan) One of a body corporate’s core functions is to...