The Trouble with Family Loans: A R540,000 Lesson

The Trouble with Family Loans: A R540,000 Lesson

“Family helps family in times of need” - that’s been part of human culture since long before the dawn of history but be sure to observe all legal formalities. A recent High Court decision of Herclass and Another v Herclass (2322/2021) [2022] ZAFSHC 157 provides an excellent example of the risks of not doing so. Parents lose R540,000 A daughter in the middle of a divorce borrowed R540,000 from her parents so that she could buy out her spouse’s 50% share in her house. As far as her parents were concerned it was a repayable loan, but when they had…
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Lending to a Friend or Selling Property on Credit – Must You Register as a Credit Provider?

Lending to a Friend or Selling Property on Credit – Must You Register as a Credit Provider?

It seems logical that the very strong consumer protections in the NCA (National Credit Act) are designed for commercial situations in which credit is advanced by “credit provider” businesses to “credit consumers”. But does the NCA also apply to non-commercial, once-off loans? Like a loan to a friend or relative? And what about property sales? Why should you be worried? If you aren’t in the business of providing credit it seems counter-intuitive that you should have to worry about NCA registration when making a single loan or giving credit on a once-off basis. And in fact until now our various…
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