High Court Archives - Ashersons Attorneys

08 Oct 2018

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…

01 Oct 2016

By Ashersons Attorneys

Lost Views and Rising Damp – Lessons for Home Buyers

Here’s the story of yet another bitter dispute between neighbours over the loss of a treasured view. The setting this time is a group housing development which was specifically designed to give each and every house views of both the sea-shore and of Table Mountain. The judgment in Gerstle and Others v City of Cape Town and Others (A484/2015) [2016] ZAWCHC 102 is available for further reading. Front row v Back row: A sad tale, and a warning Buying a property for its stunning views and sunny aspect is a great idea, but only if you do your homework properly. A…

04 Aug 2016

By Andrew Goldschmidt

Plot and Plan: The strange case of the unsigned sale agreement

You buy a plot in a residential development and the developer agrees to build you a house to stated specifications and plans. You pay in full for the plot and it is transferred into your name. All good so far. But then you fall out with the developer over the costs, finishes and other specs for the building work. What happens now? A High Court case (Bray v Grand Aviation (Pty) Ltd and Another (07/28371) [2015] ZAGPJHC 139) illustrating a particular danger for both developers and buyers revolved around these rather unusual facts - A buyer bought a piece of…

09 Jul 2015

By Ashersons Attorneys

Another step in the right direction in the protection of vulnerable consumers against unscrupulous lenders

There has for some time been a problematic and worrying trend of unscrupulous lenders preying on the uneducated and financially unsophisticated consumers. In such situations consumers are lured into borrowing money or entering into purchase plans on terms which anyone with financial literacy would never agree to. (more…)

29 Jun 2015

By Ashersons Attorneys

Business Rescue – Is it too late after liquidation? The Supreme Court of Appeal speaks

An important new SCA (Supreme Court of Appeal) decision recently addressed the following scenario - A close corporation runs a business renting out its commercial properties. The properties are bonded to a bank. The close corporation was placed into final liquidation by the High Court despite contending that it should rather be placed under business rescue. 5 months later it applied again for business rescue, but the High Court concluded that once a final liquidation is granted against a company (the same business rescue provisions apply to close corporations as to companies), it is too late to apply for business…