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Author: Hammond Pole

Hammond Pole Attorneys > Articles posted by Hammond Pole
27 February
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Understanding the difference between various types of bonds

Posted by Hammond Pole
in Hammond Pole Blog

Most property owners will be familiar with a mortgage bond, but did you know there are various kinds of bonds which may apply across a range of circumstances? Here’s everything you need to know: 1. What is a bond? Mortgage bonds are concerned with the registration of bonds over immovable property. They are registered to secure an obligation on the part of a mortgagor (the debtor) towards a mortgagee (the creditor). In other words, to ensure the repayment of money lent to the mortgagor by the mortgagee. The bond enables the mortgagee, in the event of the non-fulfilment of the obligation, to have...

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14 December
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Dream Holiday Ambitions Crushed!

Posted by Hammond Pole
in Hammond Pole Blog

As the end of the year draws near and many look forward to a well-deserved break, holidaymakers looking for last-minute deals should take extra care as fraudsters look to cash in on the innocent's demise.   Earlier this year, a seemingly credible travel agent operating in Durban reportedly duped victims into paying for luxury international travel packages. Only in later days was the travel agent’s fraudulent behaviour exposed when the luxury resorts and tour companies confirmed that no such bookings had been made on the victim's behalf.   A cautious approach must be taken when considering online offers of massively discounted holiday accommodation and...

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06 December
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Stuck with nightmare tenants? Your legal rights as a landlord

Posted by Hammond Pole
in Hammond Pole Blog

Operating a rental property may seem like an easy investment to run. However, not all tenants pay on time. Some tenants do not take care of your property and leave you with damages to repair. Therefore, to protect your investment, you need to know your legal rights as a landlord.   The Rental Housing Tribunal (RHT) deals with disputes between landlords and tenants. It is a useful tool when there is a dispute between a landlord and a tenant, but it is important to note that whilst the RHT can help mediate issues around rental disputes, their recommendations do not hold the...

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18 November
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Someone has opened a cell phone contract and a store account in my name. How should I deal with it?

Posted by Hammond Pole
in Hammond Pole Blog, Know The Law

Is someone using your personal details to open an account or get credit? This is called identity and impersonation fraud, which occurs when someone uses personal details such as an individual’s identity number or name to commit crimes.   According to the Southern African Fraud Prevention Service (SAFPS), identity fraud in South Africa has increased by 99% since 2018, costing the economy one billion per year. In 2022, 62% of total fraud incidents occurred in Gauteng, while fraud increased by 117% from the previous year.   The most prevalent ways identity thieves access the victim’s personal information are: Phishing: Getting the victim to give...

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15 November
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The Financial Intelligence Centre Act and the cash threshold

Posted by Hammond Pole
in Hammond Pole Blog

The Financial Intelligence Centre Act (FICA) was established to identify proceeds of unlawful activities and to combat money laundering, terrorist funding and tax evasion. It further establishes a Financial Intelligence Centre and a Money Laundering Advisory Council in order to combat money laundering activities and to impose certain duties on institutions and other persons who might be used for money laundering purposes.   To combat these illegal threats, South African law has implemented control measures aimed at assisting in its detection and investigation. These control measures are embodied in the Financial Intelligence Centre Act, 38 of 2001 and can be described as follows: Individuals need...

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31 October
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Hammond Pole Attorneys earn top spot as Ekurhuleni’s best law firm

Posted by Hammond Pole
in Hammond Pole Blog

Hammond Pole Attorneys has once again been announced as the Best Law Firm in the Best of Ekurhuleni Readers’ Choice Awards 2022. This is the fifth time the company has won this prestigious award, having won it for four years in 2017, 2018, 2019 and 2021 firmly establishing it as a favourite in the local community. The Awards, which gives the residents of Ekurhuleni the chance to vote for their preferred local businesses and organisations, has been running since 2015 (no awards took place in 2020 due to COVID-19) and is an indicator of the best the East Rand has to...

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28 September
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What should be in your last Will & Testament – the greatest gift you can leave your loved ones

Posted by Hammond Pole
in Hammond Pole Blog

Nearly 75% of South Africans die without a valid Will in place. This means that the deceased estate Will be divided according to the Intestate Succession Act, 1987 (Act 81 of 1987).  According to the Act, without a valid Will in place the assets of the deceased are divided according to a set formula among your surviving spouse, children, parents, or siblings. The lack of a valid Will is all-too common among South Africans. So, why don’t more people set up their Will?   Many people think they simply don’t qualify for a Will, but they’re usually mistaken.      You need a valid Will if...

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20 September
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My father has passed away and I have inherited his property

Posted by Hammond Pole
in Hammond Pole Blog, Property Law

A Blog article by: Tania Abbotts    My father has passed away and I have inherited his property – I am struggling to evict the current tenants – is it possible to evict before it has been transferred into my name? Would a letter of executorship be relevant in this situation? What about notice in terms of the rental agreement?    If a person passes away and has a last will and testament, then as legal practitioners, we administer the estate as per the directions set out in the last will and testament. This means that the deceased would have elected who would be...

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06 September
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Conveyancing fees – what are you paying for

Posted by Hammond Pole
in Conveyancing, Hammond Pole Blog

Blog article by: Michelle Orsmond    Purchasing your dream home is one of the most significant investments you will ever make. However, first-time buyers are not always fully aware of the costs associated with purchasing a home and what the services they are paying for entail.   The conveyancing services that a firm typically offers, includes the preparation and gathering of all documents required to finalise the registration of a sale once it is lodged with the Deeds office.   But not all property transactions are the same - each one carries its own delays and challenges, and a conveyancer needs to assist both the seller...

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23 August
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My fiancé has paid my family lobola but we will only be getting married in two years

Posted by Hammond Pole
in Family Law, Hammond Pole Blog

- What are the legal ramifications and what are my rights?   A blog article by Tania Abbotts   South Africa is a unique country due in part to the many different cultures, religions and customs within our beautiful rainbow nation. This is why we have so many different kinds of recognised lawful marriages: civil union, marriage, customary marriage etc. I have seen an increase in matters being taken to court regarding customary marriages mainly because it is uncertain at what point a customary marriage is deemed a lawful marriage and thus subject to the protection and obligations afforded to married couples.   Section 3(1) of...

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