by VDT Attorneys | Apr 11, 2019 | Commercial, Contract, Conveyancing, Property
It is true that a suspensive condition or condition precedent (same thing) can appear quite daunting and legalistic to understand. It is also true that it appears quite regularly in contracts and can have important consequences if not properly understood or managed by...
by VDT Attorneys | Apr 11, 2019 | Contract, Insolvency, Lease, Property
Generally rental agreements will contain a clause that stipulates that the lease agreement will terminate upon the insolvency of the tenant. However, such provisions may not provide the necessary protection if the provisions of the Insolvency Act 24 of 1936 are not...
by VDT Attorneys | Apr 11, 2019 | Property
A Home Owners’ Association (HOA) is a body comprising of the home owners of a specific estate entrusted by the home owners with the running of the estate and communal affairs of those home owners. In the recent case of Van der Bijl and Another v Featherbrooke Estate...
by VDT Attorneys | Apr 11, 2019 | Business, Dispute resolution, Interdict, Municipality, Property, Residential, Rights, Zoning
From the outset it must be clearly stated that not all businesses being operated from a residential property is illegal and unlawful. There are a number of aspects that must be considered to determine whether or not the business may be operated from a residential...
by VDT Attorneys | Mar 11, 2019 | Business, Commercial, Company, Lease, Property
Whether you can force the tenant to continue trading all depends on the terms of your lease agreement. In the case of Edcon Limited v Bay West City (Pty) Ltd, a landlord sought to force the lessee to continue trading after the latter gave notice that it would close...
by VDT Attorneys | Mar 11, 2019 | Conveyancing, Estate Agent, Fees, Property
In terms of the Estate Agency Affairs Act (“Act”) an estate agent must have a valid Fidelity Fund Certificate (FFC) in order to receive any payment or commission arising from his or her duties as an estate agent. In clarifying this provision it has been held by our...
