Author: Hammond Pole

Hammond Pole Attorneys > Articles posted by Hammond Pole (Page 2)

When Good Plans Go Bad
Uncovering Latent Defects In Building Designs

Certain property defects are not immediately visible and often only come to light after the fact, when corrective action becomes more complex or costly. Latent defects can significantly impact a property’s value, safety, and functionality, often remaining undetected for years. These defects may result from poor workmanship, substandard materials or design flaws and often emerge long after construction or occupation. For buyers and property owners, uncovering these hidden defects can lead to costly repairs, delays, and even legal disputes. Understanding your rights and the remedies available is essential to protect yourself and your investment from unexpected surprises down the line.   What...

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When Life Changes, So Should Your Will
A Guide To Revising Or Revoking Your Will

Life is unpredictable, and as your circumstances change, so should your will. Whether it is marriage, divorce, the birth of a child, a new home, or changes in your financial situation, it is important to ensure your will reflects your current circumstances and wishes. Regularly updating your will helps to ensure that your estate plan accurately represents your intentions and provides clarity and security for your loved ones.   When amending or revoking your will, it is important to adhere to regulations outlined in the Wills Act to ensure your changes are legally valid and enforceable.   Updating your existing will When updating your will,...

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Understanding Landlord vs. Tenant Rights
Responsibilities In Property Repairs And Renovations

When it comes to repairing or renovating a rental property, it is important to understand your obligations as a landlord or tenant. Repairs and renovations are inevitable in any rental, but determining who is responsible for what can often cause confusion. Clarifying the balance of responsibilities between landlords and tenants under the rental agreement is essential for avoiding disputes and fostering a positive rental relationship.   The lease agreement typically outlines the duties of both parties, ensuring mutual agreement and providing a written record to avoid misunderstandings. In cases of uncertainty, the Rental Housing Act offers clear guidelines to further clarify the...

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The Dos And Don’ts Of Drafting A Will – Common Missteps And How To Prevent Them

Drafting a will is essential to ensure your wishes are honoured after your passing. Without one, your estate will be distributed according to the Intestate Succession Act, which may not reflect your intentions or align with your loved ones' needs. Taking the time to create a properly structured will gives you control over your legacy and provides clarity and security for those you leave behind. During a difficult and emotional time, the last thing your loved ones need is the added burden of an improperly drafted will. Understanding the key dos and don’ts can help simplify the process, prevent complications, and...

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Understanding The Different Types Of Wills – Which Will, Will Work The Best For You?

Drafting a will is a vital step in planning for the future, serving as a legal roadmap for your loved ones to follow when you are no longer here. It ensures your assets are distributed according to your wishes, provides financial security for your family, and helps avoid unnecessary disputes during a difficult and emotional time. However, there are various types of wills each designed to suit different situations, needs, and preferences. While all wills must comply with the validity and legal requirements outlined in the Wills Act of South Africa, understanding their differences and purposes can help you select the...

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Navigating The Debt Counselling Process – And How To Spot ‘Dodgy’ Debt Counsellors

Managing your finances can be challenging, especially when debt begins to pile up. For many, the weight of financial pressure can leave them uncertain about where to turn for help. While debt counselling is a valuable resource designed to guide individuals through these tough times, providing expert advice and actionable strategies to help them manage and reduce debt, it is necessary to fully understand the process and work closely with reliable professionals to ensure effective guidance and compliance with the National Credit Act.   What is debt counselling? Debt Counselling is a formal legal process that allows an individual to be officially declared...

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Building Dreams Or Buying Trouble?
A Guide To Purchasing Off-Plan Properties In South Africa

Buying property off-plan offers an opportunity to secure a brand-new home, built to modern standards, before construction is complete. This type of purchase means investing in a property that exists only on blueprints and architectural plans, with decisions guided by the developer’s vision and artist impressions rather than a finished structure.   While the idea of moving into a home no one else has ever lived in is exciting, buying off-plan has both advantages and inherent risks. Benefits include the possibility of customising finishes to personal taste and securing a property at today’s prices, often resulting in capital growth by completion. However,...

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‘Tis The Season To Understand Company Shutdown Periods

The holiday season is a time of joy, celebration, and, for many, a much-needed break. It's a period of relaxation, family gatherings, and festive cheer. However, for many employees, the holiday season can also bring uncertainty, especially when their company decides to shut down operations for a period.   A company shutdown can disrupt work routines, affect leave entitlements, and raise questions about pay and benefits. Understanding your rights and the reasons behind a company shutdown is vital to making it through this period smoothly. So, what happens when your company decides to shut down for the holidays?   Understanding company shutdowns A company shutdown...

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The Homeowner’s Guide To Short-Term Rentals

Short-term rentals have taken the real estate world by storm, offering South African homeowners a unique opportunity to generate additional income. Platforms like Airbnb and LekkeSlaap have made it easier than ever to list your property and welcome guests from around the globe. However, as tempting as it may be to dive straight into offering up your home for short-term rentals, it's important to understand the potential benefits and challenges associated with this venture.   The allure of short-term rentals One key benefit of short-term rentals is the potential for higher income. By renting your property on a nightly or weekly basis, you...

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Life Rights vs. Homeownership – Choosing The Right Retirement Option

Retirement is a significant life stage that many South Africans approach with a sense of anticipation and careful planning. For those seeking a secure and community-oriented lifestyle without the burdens of traditional homeownership, life rights in a retirement village is an appealing solution. This popular option offers a blend of security, affordability, and the chance to enjoy one’s golden years in a supportive environment, making it a compelling choice for many.   Life rights differ from conventional property ownership in several ways, where traditional homeownership involves acquiring full title to a property, life rights give individuals the right to live in a...

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