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Cor van Deventer's Articles

Can a Property Sale Agreement be Cancelled?

It’s not uncommon for buyers or sellers to reconsider the transaction after the agreement is concluded. A seller may no longer wish to sell, or a buyer may begin to doubt whether they want to proceed. While these scenarios are understandable, walking away from a signed contract isn’t always straightforward.

The CPA and Lease Agreements in South Africa

The CPA starts applying even before a lease is signed. Properties may not be advertised in a manner that is misleading, false, or deceptive. This includes using exaggeration, ambiguity, or failing to disclose material facts. Tenants must be able to make informed decisions based on truthful representations.

Long-Term Lease Agreement – When Does It Apply to You?

To gain full legal recognition and enforceability against third parties, a long term lease contract must be reduced to writing and registered in the deeds registry. This formal process transforms the lease from a personal right into a real right, meaning it attaches to the land itself—not just to the agreement between the original landlord and tenant.

What Happens to a Business During Divorce?

Company shares, profit rights, intellectual property, and even business equipment can become part of the divorce negotiation. This not only affects the financial outcome for both spouses—it can also disrupt business operations, relationships with partners, and investor confidence.

Signing Suretyships When Married in Community of Property

Many couples are unaware that the Matrimonial Property Act imposes strict conditions on transactions like suretyships. While spouses generally enjoy equal powers to manage the estate, certain acts—especially those that involve binding the estate to another party’s debts—require formal consent.

What is a Notarial Bond in South Africa?

A notarial bond is a form of security that allows a creditor to register a legal right over a debtor’s movable property—without taking physical possession of it. It is executed before a notary public and registered in the Deeds Office, giving the bondholder a real right of security enforceable against third parties.

Differences Between a Notary Public and a Commissioner of Oaths

In South Africa, legal documents often require official certification or verification. Two professionals who perform these duties are a Notary Public and a Commissioner of Oaths—but despite some similarities in their roles, they are not interchangeable.

Types of Divorce in South Africa - Which Option Is Right for You?

Divorce is never easy. Even when it’s mutual, the process can be emotionally exhausting, financially straining, and legally complex. In South Africa, the type of divorce you choose can significantly impact the cost, duration, and emotional toll of the process. Understanding the different types of divorce in South Africa — and how each one works — can help you make informed decisions during a difficult time.

Asbestos Roof – Is this a Defect in Your Home?

The legal position is not just about whether a roof contains asbestos. It’s about how that asbestos is managed, what condition it’s in, and how the property is being used.

Independent Contractors and PAYE in South Africa

The tax treatment of independent contractors is a grey area for many South African businesses—especially when the contractor is closely tied to the company, such as a director or shareholder. It may seem easier (or even more tax-efficient) to have that individual invoice the business each month instead of drawing a formal salary. The core issue is whether the independent contractor truly operates independently, or whether the working relationship fits the legal definition of employment under the Income Tax Act.

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