The Seller of the property is entitled to choose the attorney who will transfer the property into the name of the purchaser. The bond and bond cancellation attorneys are appointed by the Bank.

The seller will have to ensure that the following expenses are paid:

• Rates clearance figures;
• Levy clearance figures in respect of sectional title units;
• Electrical compliance certificate and electrical fence certificate if applicable;
• Bond cancellation attorneys costs;
• Estate agents commission (if applicable);
• Capital Gains Tax (if applicable).

The Purchaser will have to ensure that the following expenses are paid:

• Bond Attorney’s costs (if applicable);
• Transfer Attorney’s costs;
• Transfer duty

Remember that the transfer costs and transfer duty is determined by the purchase price. Contact our office should you require a pro-forma invoice of anticipated transfer costs.

The standard turn-around time for a typical transfer is approximately 3 months. Each transfer differs and thus this is a guideline, it could be sooner.

The untrue stereotype is that attorneys cost an arm and a leg. This is not true as debt collection tariff’s are regulated, however a debt collector will need to appoint an attorney to pursue a debt in court. The aggrieved party ends up paying debt collector fees and attorney fees. So why not approach Warrender Attorneys who can assist you with your debt collection from beginning to end.

We will appointing tracing agents on a no trace – no fee basis to locate the whereabouts of the party that owes you money.

Prescription is when an uninterrupted period determined by legislation has lapsed without the debt having been tacitly or expressly acknowledged by the debtor. After the lapse of this period the debt becomes unenforceable against the debtor.

The prescription periods are determined by the type of debts and are as follows: 

• 3 years for an unsecured debt;
• 6 years for a debt arising from a bill of exchange, negotiable instrument or notarial contract;
• 15 years for a debt owed to the state as a result of a loan advanced, a sale or lease of land by the state to the debtor; and
• 30 years for a debt arising from a mortgage bond, judgment, a tax, a legislated levy or debt owed to the state arising from the profits, royalties or any sum payable from mining rights.

The Magistrate’s Court may adjudicate any matter within its monetary jurisdiction excluding treason, divorce, a Will, murder, treason, rape, terrorism, sabotage, a person’s metal capacity or the constitutionality of a piece of legislation. The Regional Court has a wider jurisdiction in that it may hear matters of divorce, murder, rape, armed robbery and serious assault.

The High Court has the jurisdiction to hear all matters within its territorial jurisdiction. A declaration of constitutional invalidity by a High Court must be confirmed by the Constitutional Court.

A trust is not a separate juristic entity such as a company and as such the Trust cannot be sued, however the trustees in their capacity as Trustees of a Trust can be sued. When suing the trustees each and every trustee needs to be cited in the Court papers.

If a judgment is granted against you erroneously or fraudulently, the Court which granted the judgment may be approached the have the judgment rescinded (removed). An application needs to be brought before Court to have the judgment removed provided that certain requirements have been satisfied.

When a Summons is served on you, “the Defendant”, you are afforded 10 working days upon which to deliver a Notice of Intention to Defend. Thereafter the Defendant has 20 working days to file a plea.

Should a Defendant fail to deliver a Notice of Intention to Defend or a Plea the issuing party, “the Plaintiff”, may apply to Court for Judgment by Default. It is advisable that the Defendant immediately contact an attorney for advice, particularly if the Defendant intends to defend the matter.

Persons can be married in community of property, out of community of property with accrual, and out of community of property without the application of accrual.

Care, in relation to child/ren, means the primary residence and day-to-day duties of looking after a child/ren. Contact means the visiting of or being visited by the child/ren if the child/ren is living with someone else.

The short answer is yes, an application can be made to vary the current Court order.

This is determined early on in the mediation process and will ultimately be whatever the parties have agreed to. It could be one party, split between both parties or even divided in another ratio.

Both parties must be present for each session. The reason for this is that mediation is a forum used to facilitate the parties to resolve and settle the dispute between themselves.

The outcome or agreement through mediation is a binding agreement between the parties. Further, it can be made an order of Court, and is thus entirely enforceable.

By signing a valid Will in which you appoint guardians of your minor child/ren. Further, by creating a Trust in your Will in which you nominate Trusrees to administer your assets for the benefit and wellbeing of your child/ren.

A person can change their Will whenever they so choose, provided the correct formalities are complied with.

Estate duty is a form of government tax that is levied against an estate when the value of the estate exceeds a certain value.  Currently estate duty is levied at 20% on those amounts in excess of R3.5 million.

The rules of a sectional title are registered at the Deeds office and with the Community Schemes Ombudsman Service (CSOS), whilst the Memorandums of Incorporation are lodged at the Companies and Intellectual Property Commission.

Trustees and Directors should not allow the debt to grow to a significant amount before handing an owner over. The reasons for this are as follows: a debt prescribes after 3 years; and it is easier to collect a smaller more reasonable amount of money from an individual than it is a large one. Also, a larger debt may require further process in order to recover the monies, such as having to do attachments on movable/ immovable property.

It is vital that a sectional title is in a good financial position to ensure that the sectional title scheme meets its financial obligations, such as maintaining common property. Banks and financial institutions are insisting on reviewing Scheme financials before considering granting bonds to prospective buyers in a Sectional Scheme.

Estate duty is a form of government tax that is levied against an estate when the value of the estate exceeds a certain value.  Currently estate duty is levied at 20% on those amounts in excess of R3.5 million.

The answer to this question depends on the stage of the matter. Legal representation is expressly prohibited in conciliation proceedings. However, a legal representative may attend these proceeding in an observatory role with leave of the commissioner.

Where the matter is at arbitration stage and such a matter stems from a dismissal for incapacity or misconduct a party is not entitled to legal representation unless both parties consent thereto and/or the commissioner exercises his discretion to permit legal representation. In exercising his/her discretion the commissioner must consider the nature of the questions of law, complexity of the dispute, public interest and the ability of the opposing party to deal with the dispute.

Procedural fairness refers to the fairness of the procedure followed by the employer in the disciplinary process. Substantive fairness refers to the gravity of the alleged offence i.e. there is no substance in disciplining an employee for a trivial offence.

An employee has the right to be represented by a fellow employee or a representative of recognised trade union and to have the charges clearly and concisely set out to him/her. The most significant right during disciplinary hearings is the right to be heard and given sufficient time to prepare for the hearing.

A Shareholders agreement regulates the shareholders relationship among each other and the business. Amongst other things, it provides certainty as to what is to happen should a shareholder want to sell his shares or dies, voting rights of shareholders, which decisions require a simple majority vote or otherwise, what happens if there is a deadlock amongst shareholders.

The problem arises when a dispute occurs between the parties or one or both party dies / leaves the business, the onus of proving the terms of the agreement becomes difficult or clouded. Rather spend the money upfront to enter into a well drafted agreement than spend tens of thousands of Rand trying to prove or defend your agreement.