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Legal Advice

Welcome to the Legal Advice Office in South Africa

The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

Our legal advice and services are based on 40 years of experience in the professional legal field.  As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

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The answer to this question is not a simple one

At The Legal Advice Office; we receive daily inquiries on a number of issues which affect the daily lives of the people around us.

On Friday we received the following question and query and will answer it in this blog.

“I have been divorced for some years now and have been paying maintenance to my ex-wife and my two children for a five of years; ever since our divorce was finalised in the High Court in Cape Town in 2013. My eldest son has now finished school and he wants to go to university. My ex-wife is now insisting that I must contribute to his university studies as part of my maintenance obligations. Surely now that he is an adult and eighteen years old, my responsibility to maintain him will have stopped?”

Retrenchment

In this day and age and in the light of very difficult economic realities in the RSA, a lot of employees have to be aware that companies are struggling financially.

Even large blue chip companies are being effected and have to constantly plan ahead in order to retain a competitive edge over their competition.
Just this last week, Standard Bank has announced that it intends to close 91 branches and that this will affect about 1200 employees. A short while ago,

Absa announced a restructuring plan which will result in the possible retrenchment of about 800 employees.
I was recently asked to do a piece on retrenchment. 

 immovable property. banner

Sellers contemplating an instalment sale agreement containing interest charges should take careful note of the steps to be taken before concluding the sale agreement

The National Credit Act No 34 of 2005 has some wide-ranging applicability on immovable property instalment sale agreements.

Here is a case study to illustrate and understand the implications of The National Credit Act  based on an inquiry our office received this last week :

“I own a property in Muizenberg, Cape Town. A buyer is interested in buying my flat. Her bank is not prepared to give her a loan because she is paying off a few personal loans, but she is prepared to enter into an instalment sale agreement to pay the purchase price in instalments over a period of time, much like a rental. I like the idea of at least getting a monthly income, but I am worried whether I can do this and charge interest on the instalments, particularly as it will take a few years for her to pay the price in full?”

political unrest

SASRIA is the only insurer in South Africa that provides cover for damage caused during these kinds of incidents.

The Legal Advice Office received the following query in on Friday.

 “Good morning. I am a business owner in Hermanus and have a query regarding insurance. 

With all the civil unrest which happened in our town during 2018; and although I did not, as yet, suffer direct damage to my business premises or any of my other business assets; I have suffered severe financial loss of income loss. However; I have been wondering whether insurance companies are obliged to pay out insured persons or companies whose property was in fact damaged by these incidents.” 

i phone defects

It is irrelevant whether a product failure or defect was latent (hidden) or patent (visible), before taking delivery of the item.

If you’ve bought a defective product, it is comforting to know that, in terms of the Consumer Protection Act (CPA), you as the consumer, are not without remedy. But to investigate your options, you must understand what the CPA provides for and what your legal rights are.

 Business rescue or liquidation

What is the difference between the two legal processes?

In the current tough economic trading conditions; there are many businesses that are under severe financial pressure.

Yesterday we received the following query and will again try to answer the question put to us here in this blog.

 “My family business is a company and has been operating successfully for nearly 20 years. Over time I’ve also managed to get a few investors to invest money in the business. 2018, however, has been really tough and we are struggling to make ends meet. I feel that we have arrived at a point where its decision time about the future of the business and how to manage it. I was wondering whether you can advise me as to whether or not liquidation is the best route to follow and perhaps you might advise me to rather consider the option of business rescue. Could you please also explain the difference between these two options?”

Fire on property

When is a landowner responsible for a fire that spreads beyond his property?

Property damages claims:

Here, in the Western Cape; it is now “Fire Season”; and the local authorities have their hands full with seasonal wildfires.

Some of them have been devastating and Bettys Bay lost more than 40 dwellings in a wildfire a few weeks ago; which was fanned by gale force winds. That fire was allegedly started as a result of a man deliberately or negligently firing a flare onto the mountainside above the holiday town. He has now appeared in the Caledon Magistrates Court and faces a string of charges.

Early Termination of Leases and Fixed Term contracts
To Stay or To Go: Is it Worth it?

Lease cancellations:

Section 14 of The Consumer Protection Act No 68 of 2008 (CPA):

In our last blog, we looked at the wording of the whole of section 14 (3) and commented extensively on its content and the background to the section.

Today we will concentrate on section 14 (4) of the CPA and also comment on section 14 as a whole as it relates to a fixed term contract and particularly the cancellation of lease agreements.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2458
Email: info@legaladviceoffice.co.za