News and Updates

Outsider Spotter Fees In The Spotlight

Haigh Farming (Pty) Ltd v E.G Elliot Estate CC (14175/2013) [2015] ZAKZPHC 47 (2 October 2015)

When anyone performs those activities that are included in the Estate Agency Affairs Act’s definition of an “estate agent”, that person must be in possession of a Fidelity Fund certificate to be entitled to receive payment. This judgment illustrates how the court approaches the factual enquiry whether, in the rendering of property consultancy services and "spotting" of properties to be listed for sale, a person is ‘acting’ as an estate agent. The enquiry resulted after an estate agency refused to pay a previously agreed upon remuneration to its consultant, alleging that he acted as an estate agent and hence was not entitled to remuneration in the absence of the required certificate.

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Guests falling from stairs: Owners/Landlords Liable?

When is a homeowner, who rented out her seaside home over the holiday period, liable for injuries sustained by a guest of the tenant? This judgment found the owner liable for all the guest’s damages when she fell off an outside stairway where there was no handrailing. Although there was no evidence indicating how exactly the accident happened, there also was no proof of contributory negligence on the side of the guest. Owners and landlords should take note! 

Pauw v Du Preez (20197/2014) [2015] ZASCA 80 (28 May 2015)

The Judgment can be viewed here.

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Evicting a non-paying tenant

A large majority of residential lease agreements contain a clause affording a landlord the right to summarily cancel the lease agreement, without further notice to the tenant, should the tenant fail to pay rental when it is due. This is, however, not allowed where the CPA and PIE Act are applicable, and in the below paragraphs we briefly explain what the correct procedure is.

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Understanding trusts and trustees

In practice, one receives many questions from trustees regarding the practicalities of managing trusts. What must be done if a trustee dies or resigns? What is required to record decision-making, if anything? Sound trust administration demands diligence and concern with legalities. Below we address a few of the most frequent questions we encounter and the answers thereto.

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