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Search Results for: magistrates court litigation

Selling Your House: Disclosing Defects

When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots (“as is” or “without any warranty”) clause in your sale agreement. A recent High Court decision in the case of Van Rooyen v Brown and Another (A3104/2015) [2018] ZAGPJHC 453 again confirms that when it comes to selling your house, honesty is indeed the best policy. Specifically, disclose all defects you know of to potential buyers, or risk expensive litigation and damages claims. Defects and Defences The buyers of a house, who had paid R2.3m for it (the seller having reduced her original asking price from R3.6m to get a sale), sued the seller for damages in respect of…
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Alex Tarr

Alex Tarr, a previous candidate attorney, joined Ashersons in January 2014. He matriculated from St Andrews College in 2006 and graduated from University of Cape Town with a B.Com PPE and a Postgraduate LLB in 2009 and 2013 respectively, attaining placement on the Dean’s Merit List. Alex has experience in civil and commercial litigation, commercial drafting, franchising law and criminal law. He frequently appears in both the District and Regional Magistrates Courts. Alex was admitted as an attorney of the High Court in February 2016 after having completed his articles at Ashersons, and has since taken up a post with the Democratic Alliance (DA) working at Parliament. We wish Alex well for his future.   Recent Articles by Alex Tarr
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Selling property? Watch your wording!

When you agree on a sale, ensure that your agreement is both clear and comprehensive - or risk the pitfalls of litigation. A case recently before the High Court (on appeal from a District Magistrates Court) involved the sale of a furnished apartment, which the buyer intended to let out as holiday accommodation.  A clause in the sale agreement provided that all furniture and crockery in the apartment was included in the sale at a cost of R80,000, but no inventory of the movables was attached to the agreement. (more…)
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