Author: Hammond Pole

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Voetstoots Clause – What you need to know

voetstoots blog header

The seller has a duty to disclose, and the purchaser has a duty to inspect. When selling or purchasing a property, clients are presented with the Voetstoots clause in every sale agreement. The clause essentially encompasses that the seller will not be held liable for any latent or patent defects at the property and that the purchaser is purchasing “As is, or as it stands.”  It is very important to know how to handle the topic of defects. Let’s start by differentiating between the two: Latent Defects are faults that are not immediately detected through reasonable inspection and include: a leaking pool,...

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Conveyancing Made Easy

conveyancing made easy

Blog article by: Brendan Michie – Director at Hammond Pole Attorneys. Buying a property can sometimes be a cumbersome process and before you can settle into your new home, there are contracts, lawyers, and procedures that need to be dealt with. As a law firm we regularly get questions about conveyancing, how it works and why you need us. I trust the following will make this part of the home buying process just that much easier. What is a conveyancer? A conveyancing attorney is one of the most important entities in the home-buying process. The conveyancer attends to almost all property related transactions...

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Don’t hesitate, draft your will today!

Wills Blog

Many people believe having a last will and testament is unnecessary and that when they pass away there won’t be any issues and that they are too busy living to stress about death. But death does not discriminate, it doesn’t care about your busy schedule, and could happen when you least expect it, leaving your loved ones left behind to deal with your personal affairs. Before you decide not to have a will, please keep the following misconceptions and myths in mind: I don’t have any immovable property or a vehicle Our Law requires that all deaths and estates are to be...

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Can foreigners own property in South Africa?

foreigns owning property

Investing in a property can be a very daunting experience, and as such we would always recommend that any foreigner who would like to purchase a property contact an attorney or a reputable estate agency to seek ethical and professional advice. The facts of every matter will invariably differ on a case-by-case basis, and it is therefore crucial that proper legal advice is sought. A foreigner does not only include a natural person (like you or me as individuals) but includes a foreign company and trust as well. It should be kept in mind that should a foreign company or trust...

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Divorce Law Demystified

what you need to know about divorce law

Divorces do not have to be the nightmares we see on television Divorce includes both a legal aspect as well as a human aspect. We are not dealing with two parties fighting over a car accident, we are dealing with a husband and wife who need assistance to distinguish between what the parties are legally entitled to, what the parties want and lastly what it is that they need to do to get through this chapter of their lives. It is an attorney’s job to make sure that these three aspects are all aligned, and a suitable arrangement is reached. As an...

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Women of South Africa – Know Your Rights

women of south africa know the law

“And one day she discovered that she was fierce, and strong, and full of fire, and that not even she could hold herself back because her passion burned brighter than her fears.” - Mark Anthony, The Beautiful Truth Every year, during National Women’s Month social media platforms increase awareness about gender-based violence (GBV) against women, which domestic violence is the most common of all gender-based violence, not only in South Africa, but across the globe. This has created a synopsis of cases reported in the media which sadly does not even signify the actual figures of daily cases where women have...

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Hammond Pole Made Law: Divorce and accrual regulations changed forever

hammond pole made law

"I am ecstatic to announce that the law pertaining to divorce and accrual has forever been changed, following a case I attended to in 2016." - Writes Tania Abbotts, Senior Associate at Hammond Pole Attorneys.   In a decision made on 5 May 2020, the high court ordered that a living annuity cannot be included in a spouse’s estate for purposes of calculating accrual. In essence this meant that the court confirmed that spouses involved in a divorce could purchase a living annuity, and effectively use it to place their Pension Interests, in order to reduce their total assets, when it came...

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Subject to or Suspensive Conditions: Everything you need to know about the clause

Subject To Clauses Blog Post

Usually when a so-called “subject to” clause is inserted into an Offer to Purchase, for the purchase of immovable property, it means that there is a condition that must be first fulfilled before the agreement is deemed to have been concluded and the property can be registered in the purchaser’s name.  These clauses are also known as “suspensive conditions” as they suspend the operation of the agreement until such conditions are met.   Ardene Nel, Attorney and Conveyancer at Hammond Pole highlights the most common examples of “subject to” conditions in real estate:   1. The offer is Subject to Mortgage/Bond finance   When a buyer...

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Supreme Court of Appeal (SCA) Judgement

supreme court of appeal

Written by: Dylon Fisher and Salome Labuschagne   High Courts Have to hear matters even if quantum is within Magistrate’s Court jurisdiction.   In the past attorneys and financial institutions have been disallowed from instituting action out of the majority of the High Court where the quantum is less than R400 000, which has caused havoc with everyone’s processes and efficiency. We are pleased to note that this has now changed for the better.   In the matter of Std Bank vs Thobejane and Std Bank vs Mponga, the Supreme Court of Appeal which is the highest court in the country for these matters, has ruled that...

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Is vaccination in the workplace compulsory?


Employers have until 2 July to update their Workplace Plan with regards to mandatory vaccinations.   For most, that would seem to be a plot in a science fiction movie, especially in South Africa, which for all intents and purposes is a poster child country with extensive human rights enshrined by our Constitution. Surely no one can force someone to get the COVID-19 vaccination, especially when the President himself left the decision to its citizens?   Directive from Government   An updated Consolidated Direction on Occupational Health and Safety was released by the Department of Employment and Labour on the 11th of June 2021 and it...

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