ESI Attorneys Estate Department is headed by Mariska Fieberg who holds a BCom LLB and MBA from the University of the Free State. Mariska has more than 15 years’ experience in estate and trust admini...
HOW SECURE IS THE ESTATE YOU LIVE IN?
Choosing to live in a secured residential estate in South Africa is becoming ever more popular with South Africans. Entering your estate whilst security guards watch out for unknown assailants that ma...
WHAT IS THE BUSINESS JUDGMENT RULE?
When running a business there are going to be times where the directors in charge will have to make difficult decisions and take risks in order to either save the company or to seal a big deal and gai...
THE RIGHTS OF A DOMESTIC PARTNERSHIP
Domestic partnerships, also known as cohabitation relationships, are becoming more common in our modern day society, and it therefore becomes ever more important for parties to understand the differen...
72-HOUR CLAUSES – WHAT YOU NEED TO KNOW
In most, if not all, Offers to Purchase and signed Deeds of Sale, a 72-hour escape clause, or continued marketing waiver or clause, will be found. This clause, if used correctly, will permit the Selle...
PRINCIPALS BEWARE, ENSURE YOUR FIDELITY FUND CERTIFICATES ARE CORRECT
Any estate agency needs interns to function, they help generate new leads, assist with the marketing of the agency and ultimately bring in sales which generate commission. When employing or signing co...
THE SOUTH AFRICAN LAW OF SUCCESSION
Mr Reyneke owns a farm in South Africa and in terms of his last will and testament he bequeathed the said farm to his two sons in equal shares. Mr Reyneke died in 2019 and the executor of his estate r...
MY NEIGHBOURS ARE RENOVATING THEIR HOUSE
What one’s neighbour builds on their property, is not something the owner of the neighbouring property has a lot of control over. Unfortunately, it can have a negative impact on your property if the...
SALE OF PROPERTY AGREEMENTS: TYPES OF CLAUSES
Non-refundable or Forfeiture Clause Sellers are sometimes sold on the idea of including a non-refundable deposit clause in the Contract of Sale. More often than not, sellers are under the impression t...
INSTALMENT SALE AGREEMENTS
The Constitutional Court in Amardien and others v Registrar of Deeds and others (Women’s Legal Centre Trust Amicus Curiae) [2018] JOL 40619 (CC), on 28 November 2018, handed down judgment in a matte...