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Hammond Pole Attorneys – Serious about service
Hammond Pole Attorneys > Blog & Articles
08 June
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Why an Offer to Purchase Is Important When Buying a House in South Africa

Posted by Hammond Pole
in Hammond Pole Blog

Buying a home is one of the biggest financial decisions most South Africans will ever make. One of the most important documents in the property process is the Offer to Purchase (OTP). Understanding how it works can help buyers and sellers avoid costly mistakes and legal disputes. An OTP is more than just paperwork; it forms the foundation of the entire property transaction.   What is an Offer to Purchase (OTP)? An Offer to Purchase is a formal legal document used when buying or selling property in South Africa. It outlines the terms and conditions under which the buyer wishes to purchase the...

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02 June
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Latent Defects In Property Sales: What Buyers And Sellers Need To Know

Posted by Hammond Pole
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When buying or selling property, both parties often focus on visible issues such as cracked walls, damaged roofs, or outdated finishes. But some defects are not immediately obvious. These are known as latent defects, and they can become a major source of disputes after transfer has taken place. Understanding what latent defects are, who is responsible for them, and how South African law treats them is essential for both sellers and purchasers.   What Is a Latent Defect? A latent defect is a hidden fault in a property that: existed at the time of sale; was not visible or reasonably discoverable during a normal inspection;...

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06 May
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Lease Renewals Gone Wrong: Litigation Pitfalls For Landlords

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Lease renewals are often treated as routine administrative exercises but when handled carelessly, they can quickly escalate into costly and time-consuming litigation. For landlords, the risks are not just financial; they can affect tenant relationships, property value, and long-term investment strategy. This blog unpacks the most common legal pitfalls in lease renewals and how landlords can avoid finding themselves in court. 1. Ambiguous renewal clauses One of the most frequent sources of disputes is poorly drafted renewal provisions. Clauses that lack clarity can lead to conflicting interpretations. Examples include: Rental escalation Renewal timelines Conditions precedent (e.g., tenant compliance) Litigation risk: Tenants may argue that they...

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06 May
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CIPC Non-Compliance: How An Email Address Can Cost You Control Of Your Business

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It sounds almost absurd: losing control of your company because of an email address. Yet, in South Africa, this is not just possible, it’s happening more often than many business owners realise. At the centre of the issue is non-compliance with the Companies and Intellectual Property Commission (CIPC) and, more specifically, something as seemingly trivial as an outdated or compromised email address. This is a silent risk, until it isn’t. The hidden power of your CIPC email address Your CIPC-registered email address is not just a contact detail. It is effectively a gateway to your company’s legal identity. Through it, you can: Reset passwords Receive...

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07 April
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Rule 43 Applications: What Divorcing Spouses Must Know

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Divorce is often a lengthy and emotionally challenging process. While a divorce case is pending, important issues such as financial support and arrangements for children still need to be addressed. In South African law, Rule 43 of the Uniform Rules of Court provides a mechanism for spouses to obtain interim relief while the divorce proceedings are ongoing. Understanding how Rule 43 works can help divorcing spouses ensure financial stability and protect the interests of their children during this transitional period.   What Is a Rule 43 application? A Rule 43 application is a court application brought during divorce proceedings to request temporary relief. Its purpose is to regulate important matters...

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07 April
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Outstanding Balances vs Arrears: Why The Difference Matters In Court

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When dealing with debt, especially in legal proceedings, the terms arrears and outstanding balance are often used interchangeably. However, in court, they mean very different things. Misunderstanding this distinction can have serious consequences for both creditors and consumers.   What is an outstanding balance? The outstanding balance refers to the total amount still owed on a credit agreement. This includes: The original loan amount (or remaining capital) Accrued interest Fees or charges (if applicable) In simple terms, it is the full debt still unpaid, regardless of whether payments are up to date or not.   What are arrears? Arrears are the missed or overdue payments on an account. This is the portion of the debt that should have been paid...

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27 February
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Financial Year-End Compliance: A Commercial Law Checklist For Directors And Business Owners

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Financial year-end compliance: a commercial law checklist for directors and business owners As the financial year draws to a close, businesses face more than accounting deadlines. Year-end is a critical legal compliance milestone. It is one that directly affects directors’ duties, corporate governance, tax exposure, contractual risk and long-term commercial strategy. Taking a proactive commercial-law approach now can prevent regulatory penalties, shareholder disputes, cash-flow strain and reputational damage later. Below is a structured legal compliance guide to help your business close the year correctly and enter the new one on solid footing.   1. Annual Returns & Statutory Compliance Every registered company and close corporation must ensure...

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25 February
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When Is A Power Of Attorney Valid in South Africa?

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When is a Power of Attorney valid in South Africa? A Power of Attorney (POA) is one of the most frequently used legal instruments in both personal and commercial matters. Whether you are transferring property, managing financial affairs while abroad, or authorising someone to act on your behalf in a specific transaction, a POA is a practical and powerful tool. However, a POA is only valid if certain legal requirements are met, and it can terminate automatically, sometimes without the parties realising it. Understanding when a POA is valid, and when it is not, is essential to avoid costly delays and disputes.   What...

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17 February
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Candidate Legal Practitioners – 2027 Intake

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Hammond Pole Attorneys invites applications from high-calibre final-year LLB students and recent graduates for Candidate Legal Practitioner positions commencing in 2027. We are a dynamic and growing law firm, serious about service and committed to delivering practical, solution-driven legal services. Our practice offers candidate legal practitioners exposure to meaningful responsibility, hands-on legal work, and professional mentorship within a demanding but supportive environment. Application Requirements Interested candidates are required to submit an application by email with the following mandatory format and documentation: Email subject line (strictly): CLP - HP - Initial and Surname Email address for submission: Employment <employment@hpd.co.za> Attachments (in PDF format): Detailed Curriculum Vitae Full academic record ...

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13 February
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The Matrimonial Property Rights & Consequences From A Customary To A Civil Marriages

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In the landmark Judgement of VVC v JRM and others CCT202/24 the South African Constitutional Court has clarified and cemented how matrimonial property rights, consequences and regimes operate when couples move from a customary marriage to a civil marriage. The judgment, handed down on 21 January 2026, overturned a High Court ruling that had found Section 10(2) Recognition of Customary Marriages Act unconstitutional. The Constitutional Court has made it clear that couples cannot casually change their matrimonial property arrangements once a customary marriage already exists without judicial oversight. The Recognition of Customary Marriages Act has been adopted to correct the historical...

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