Recent Industry Articles - Ashersons Attorneys

27 May 2025

A R4.25m Warning to Choose Your Conveyancer With Care

“Trust me, I’m a lawyer.” (Popular T-shirt slogan) South African property buyers and sellers will have been cheered by news that we are now officially the most affordable country in the world in which to buy a home. We’re only a nose ahead of the USA and Bahrain in this particular race, but it’s great to be a world leader in something so positive for a change. Have a look at BestBrokers’ analysis of house affordability in 62 countries here to see just how unaffordable property is in many other countries around the globe. This all bodes well for the South African…

27 May 2025

By Ashersons Attorneys

Restraint of Trade: Fatal Vagueness Means no Father Christmas to the Rescue

“The legal principles, as I understand them, do not confer on me the powers of Father Christmas. I cannot rescue the un-rescuable.” (Quoted in the judgment below) We all want loyal, competent staff who remain motivated to stay with us in the long term, but the reality is that a degree of employee churn is always inevitable. Imagine then this scenario – a key employee (someone senior, a specialist, or perhaps even a partner or director) is fired or leaves you. They take with them intimate knowledge of your business. They know all your trade secrets, your pricing processes, your…

27 May 2025

By Ashersons Attorneys

Good News for Grandma: The Law Wants You to Have Access to Your Grandchildren

“Grandparents, like heroes, are as necessary to a child’s growth as vitamins.” (Quoted in the judgment below) One of the greatest tragedies of family fall-outs will always be the effect they have on the children involved. A recent High Court fight over a granny’s attempts to have contact with her two grandchildren in the face of bitter opposition from their father confirms that what really counts is what’s best for the grandchildren. A tragic death, and a family fight Two boys, aged 9 and 13, are the innocent subjects of this legal wrangle. They live with their father in Makhanda.…

27 May 2025

By Ashersons Attorneys

How to Avoid Fighting Over the House – A Guide for Life Partners

“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. A couple lives together, sharing the same roof and everything else in perfect happiness and harmony. Until it all goes south. Then the gloves come off and, particularly if our erstwhile couple end up dragging each other through the courts, everyone takes a beating. Bloodied, battered and bandaged, they’re going to wish they’d implemented Groucho’s “ounce of prevention” in the first place. We’ll explain how to keep things amicable. But before we do, let’s consider the…

23 Apr 2025

By Ashersons Attorneys

When Does a Property Defect Justify Cancellation? A Costly Case of Buyer’s Remorse

“Look before you leap.” (Wise old proverb) Imagine sealing the deal on your dream property, only to wake up at 3 a.m. beset by sudden doubts. Thoughts like “Can we really afford it?” or “How on earth could we have fallen in love with that old dump?” haunt you. You may have a strong urge to back out – but tread very carefully here. Trying to cancel the sale without sound legal grounds will be a big and costly mistake. A recent High Court case provides the perfect example. The R135m house and the “defects” that weren’t Our buyer put…

23 Apr 2025

By Ashersons Attorneys

BFFs no More: The Verbal Agreement That Cost R1 Million

“My word is my bond.” (Once the motto of 16th-century merchants, adopted by ’90s hip-hop artists, and now tossed around by duelling politicians) Many people are unaware that there are just a few types of agreement that are valid only if recorded in writing and signed – most notably contracts for the sale, exchange, or donation of land or of any “interest in land”, ante-nuptial contracts (ANCs), and deeds of suretyship. Outside of those exceptions, all verbal agreements are as valid and enforceable as written ones. Your word really is your bond! So be careful what you agree to verbally…

23 Apr 2025

By Ashersons Attorneys

Fixed Term Contracts: A Guide for Employers and Employees

It’s vital for both employers and employees to understand the practical and legal differences between permanent and fixed term employment arrangements. What is a fixed term contract? A fixed term contract is a temporary employment arrangement with a specified start date and an agreed end date. This could be a fixed end date or a reference to a specified task or project reaching completion, or to a specified event. Importantly, you must be able to prove that your employee agreed to the end date. A standard contract of employment, by contrast, is for an unlimited period and ends only when…

23 Apr 2025

By Ashersons Attorneys

Can a Body Corporate Cut the Power? It’s Complicated

“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 collect current and outstanding levies. When a section owner becomes uncooperative, recovery can turn into a difficult, costly and lengthy process. Good news for trustees is that it just became a little easier after a recent High Court ruling which authorised a body corporate to cut off an owner’s electricity for failure to pay his consumption charges. “The pandemic made me do it” An owner of an apartment in an 86-unit sectional title scheme in Sandton…

26 Mar 2025

By Ashersons Attorneys

Budget 2.0: A Mixed Bag, With Good News for Property

“Good in parts” (Like the curate’s egg) Transfer duty threshold increased by 10% You pay no transfer duty if the property you are buying sells for less than the set threshold. The threshold wasn’t increased last year, so this year’s proposed 10% increase from R1,100,000 to R1,210,000 (from 1 April) is a welcome adjustment for inflation. With all the brackets adjusted upwards by 10% as per the table below, properties at every level become that much more affordable to buyers, and by extension sellers will also benefit. Source: SARS The ongoing VAT increase saga The proposal to increase VAT from 15%…

26 Mar 2025

By Ashersons Attorneys

Why You Should Check That Your Estate Agent is Registered With the PPRA

“All that glisters is not gold” (William Shakespeare in Merchant of Venice) Buying or selling a home could be one of the most important financial decisions you’ll ever make. It’s an exciting time – but don’t lose sight of the need to tread with care. A key player in the process is likely to be an estate agent, to whom you will be entrusting one of your most significant assets. It goes without saying that you need to choose someone both competent and trustworthy. Fool’s gold? Be particularly careful here, because not everyone who claims to be an estate agent…