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Signing a credit agreement is about more than whether you can afford the monthly instalment. From interest and fees to reckless credit, missed payments and debt review, understanding your rights and responsibilities under the National Credit Act can help you make better financial decisions before you sign.
Many homeowners assume their homeowners' association is simply another company. In reality, the Companies Act places important restrictions on how an HOA can be structured. Here's what every property owner, trustee and developer should know.
Practitioners often assume the CPA applies to every sale. It doesn't. Get the exclusion wrong, or leave it out entirely, and you risk unintended consumer protections attaching to a private sale, or a compliance headache over marketing communications that were never meant to be marketing at all.
An emolument attachment order lets a creditor deduct money from your salary before you see it. After years of abuse, the courts stepped in. Here is what the law requires today, and what to do if a deduction has already hit your payslip.
Many sectional title owners assume their body corporate is a company. It isn't. A body corporate is a unique legal entity created by law, with its own powers, responsibilities and governance framework under the Sectional Titles Schemes Management Act.
A property sale can't happen without personal information moving between the practitioner, the conveyancer, the bond originator, and half a dozen other parties. POPIA doesn't stop that, but it does require consent and a defined purpose. This instalment covers what the clause needs to say.
A letter of demand doesn't automatically mean you're going to court, but how you respond can significantly affect the outcome. Here are the biggest mistakes people make after receiving a letter of demand and what you should do instead.
Many trustees assume they can issue fines whenever an owner or resident breaks the rules. In reality, fines are only enforceable if your scheme has properly approved conduct rules that authorise them.
The commission clause is often the shortest clause in an OTP, and the one most likely to cause a dispute. This instalment in our OTP drafting series covers what makes a commission clause enforceable, and how to protect your fee when a deal falls apart.
Many property owners believe they can simply change the locks or disconnect services when an occupier refuses to leave. South African law says otherwise. Here's what you need to know
"Fiduciary" is one of the most commonly used legal terms, yet many people do not fully understand what it means. Whether you are a company director, body corporate trustee, trustee of a trust, or executor of a deceased estate, understanding your fiduciary duties is essential.
When a sectional title owner falls behind on levy payments but continues receiving rental income from their tenant, the body corporate may have an effective legal remedy. A rental attachment order allows the court to direct that rent be paid directly to the body corporate instead of the defaulting owner, helping to recover outstanding levies while protecting the financial stability of the scheme.
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