Legal Advice

Hammond Pole Attorneys > Legal Advice

Navigating the Sale of Business Assets & Agreements

Navigating the intricacies of selling or buying a business can be a complex undertaking, often revealing that what may appear as a straightforward transaction is anything but. As an experienced professional in this field, I frequently encounter clients seeking a "basic" precedent to guide them through the process. However, as our discussions unfold, it becomes evident that there are numerous crucial aspects to consider. Whether you find yourself in a position to sell or buy into a business, here are key factors that warrant careful thought and consideration.   Determine the Business Entity Type First and foremost, you must establish whether the...

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Demystifying VAT, Transfer Duty, and CGT in Property Transactions

A common question in real estate is whether Vat or Transfer duty is applicable to a transaction. Before answering the question, one must understand the terminology referred to in the property market.   TRANSFER DUTY Transfer Duty is a tax imposed on the purchase of immovable property when it is transferred from one person to another. The buyer is responsible for paying this tax, which is calculated based on a sliding scale according to the purchase price. The conveyancer handling the property transfer collects the transfer duty and pays it to the South African Revenue Service (SARS) before registering the property. If transfer...

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Two types of terminations under debt review – and what it means for the consumer

When you're in debt, it can be scary to think that your creditors could take legal action against you. But if you apply for debt review, you're protected from this, right? Well, not entirely. There are two types of terminations that can happen when you're under debt review. If you don't follow the rules or make your payments on time, your account can be terminated either under section 86(10) or section 88(3) of the National Credit Act. If your account is terminated under section 86(10) This means that you didn't file a debt review application within 60 days of applying for it. In...

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The property I bought has since been damaged, what happens now?

A blog article by: Neil Mc Kinon It’s a nightmare scenario for any buyer: “We are in the process of buying a property in KZN. We have signed the transfer documents from the transferring attorney but not the home loan documents from the home loan attorney. We have NOT occupied the property yet. The house has been damaged significantly by the recent floods. We are not confident that the owner will pay for the damages even though the deed has not been lodged with the Deed’s Office. We won't be able to afford to fix the damages ourselves. If we decide...

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Everything you wanted to know about sick leave

A blog article by: Carla de Waal It’s inevitable: There are days when one feels ill and cannot report to work or might have a medical emergency that requires rest and recuperation. Sick leave is regulated by Sections 22(1) to 22(4) of the Basic Conditions of Employment Act ("the Act"), and a sick leave cycle starts as soon as an employee begins employment.   What exactly is a sick leave cycle? During 36 months beginning on the first day of employment, employees are eligible for paid sick leave with the same employer. The number of sick days should be equivalent to the exact number...

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Pains and gains of buying a house: A nightmare scenario

Buying a new home is an exciting, if not daunting, experience, but excitement can quickly turn into disappointment if certain defects of your new home become apparent after you move in. When your dream home becomes a nightmare, what can you do? Legal expert from Hammond Pole, Michelle Orsmond, looks at this nightmare scenario and shares her advice on how to deal with it.  Scenario  You bought a house, and a certificate of compliance (CoC) was provided. However, after moving into the house, you discover that the gas geyser is not working, and there are other issues, including a leaking roof. How...

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Your rights as a woman in the workplace

IWD Blog

To mark International Women's Day, it’s worth celebrating that South Africa has one of the most progressive Constitutions in the world. Our Constitution enshrines equality, dignity and the right not to be discriminated against based on one’s gender or race.  These important principles are also carried out in specific legislation such as The Employment Equity Act (EEA), The Labour Relations Act (LRA) and The Basic Conditions of Employment Act (BCEA).     The Labour Relations Act, Pregnancy, and Maternity Leave  The LRA stipulates that a dismissal is automatically unfair if an employee is dismissed because of any reason due to her pregnancy (whether she...

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Facing a Financial Emergency – Now what?

facing a financial emergency

5 Steps to get you out of a Financial Emergency For most of us it might be inevitable to find ourselves in a financial emergency at some stage of our life. Any unexpected situation can easily lead to you feeling both blindsided and vulnerable - from a job loss to any unplanned expense such as medical, car/home repairs, or even a change in your general financial situation. The reality remains that during these emergencies there is still a financial obligation in terms of your basic needs and your creditors. Here are a few steps you can take to manage the crisis while reducing...

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On the road and in an accident – What to know and what to do

road accident blog

The peak travel period for the festive season is upon us and whether you’re involved in a bumper bashing or a more serious crash, whether you’re a driver, passenger or even an onlooker here’s a five-step guide on what to do after a vehicle accident: Step 1 – Stop and call for help Stop your car and switch on your hazards to warn other drivers to be careful. If it is safe to do so, climb out of your car to check if anyone has been injured. If someone has been injured, contact an ambulance, or rescue unit. It’s critical that...

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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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