19
Sep '18

defective motor web 

What are your rights when your vehicle breaks again as a result of soddy workmanship?

We still get a lot of enquiries from clients and consumers who feel that they have been ripped off.

A recent example was of a client who had his vehicle repaired by a service provider in Welkom in the Orange Free State.

 “My vehicle broke down on the N1 four months ago. I had the vehicle towed to a service centre in Welkom with an oil leak on the Gearbox. They ended up redoing the engine which took more than 4 months. After doing the engine on the vehicle and when it was still in their workshop; there was a bearing knock and they had to redo the engine again. I had already paid them R162 000.00 for this first repair and they then wanted to charge me again for the second repair even though they never returned the vehicle to me and they failed while the vehicle was still with them to repair it properly in the first place in terms of their quote. What are my rights?”

10
Sep '18

aging parents no adoption web

The short answer is no

A week or two ago, The Legal Advice Office got the following query:

 “Can you please assist with advice in this regard?

I have been raised as the only child by parents, who are not my biological parents. Although I regard them as my true parents, I was never formally adopted by them. They are both in ill-health and I don’t think they have a will. They don’t have much, but I am concerned that if they die, I will lose the possessions that they do have. Will I be able to inherit from them when they pass away even if I was never formally adopted?”

04
Sep '18

cyber bullies

Cyberbullies and online harassers hide facelessly behind an electronic façade from where they do their dirty work.

Last week The Legal Advice Office got the following query on this subject:

 “About three weeks ago a man started sending me inappropriate e-mails and posting lewd and suggestive comments and messages on my Facebook and Google plus pages. I’ve tried blocking the person and telling him to stop, but he keeps changing his email address and user profile and keeps coming back. I am at my wit's end and don’t even want to look at my phone or computer anymore. Is there anything I can do?”

27
Aug '18

Trus fund 3

You don’t have to lose all control over assets in a trust

Firstly; let us have a look at Trusts

 The general nature of a discretionary trust is to exist separately from the donor, with the trustees owning and managing the trust assets to the benefit of the beneficiaries of the said trust (in their capacity as trustees acting in a fiduciary relationship).

The assets that have been donated or sold to the trust are legally owned separately from the donor and the trustees’ personal estate and accordingly do not form part of the personal estates of the donor or trustees. These assets are kept, owned and managed on behalf of the discretionary beneficiaries. These are the core principles which the majority of people who establish trusts, are familiar with. 

20
Aug '18

alzheimers grandpa with child

The law allows each individual person who is a major and over the age of 18 years of age to manage and control their own affairs and finances; but what happens when they cannot do so?

We received this query a week ago.

“My mother has been living with Alzheimer’s for a number of years now. She has always been very independent and insisted on managing her own affairs and finances even after my father passed away in 2008. Unfortunately, of late, she has deteriorated very badly, to the point where I am very concerned about her financial situation and her care. I know my father left her some money, and I want to make sure that this money is correctly used for her care and wellbeing. But am I allowed to take over control of her affairs?”

13
Aug '18

Drunken driving 2

 The reality is that the arrest of a person doesn’t necessarily only happen to violent or hardened criminals

Below is an email to The Legal Advice Office from last Thursday.

 “ The son of a friend of mine was arrested two weekends ago In Rondebosch (Cape Town) for drunk driving and this has been quite a traumatic experience for her and her family to get their son released on bail. I have to admit I know nothing about bail or the bail process and I am worried that I won’t know what to do if, heaven forbid, my own child be arrested on some future occasion.

Please advise as to how bail works and what one needs to know and do in these circumstances.”

06
Aug '18

travellers marriage

A “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare! 

 As the world gets smaller and smaller and global movement increases, an “international wedding” becomes a much greater reality for many couples.

From the beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy.

These are all distinct possibilities if one can afford it.

This international marriage or “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare when questions regarding the matrimonial property regime of the parties are raised at the time of a divorce or the death of one of the parties to the marriage.

The question arises as to which legal regime governs the marriage: the country where they were married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain and legal nightmare.

30
Jul '18

residential house lease cancel

One has to draw a clear distinction between lease agreements for residential properties and those that are for commercial properties

We received the following in an email this last week.

“I signed a 2-year lease agreement with my landlord on the 27th February 2018 and the lease agreement came into effect on the 1st March this year. I simply cannot afford the rent and I wrote to my landlord on the 29th June cancelling the lease and requesting repayment of my security deposit of R 28000.00. He has refused to refund me. What can I do?” 

25
Jul '18

 

lemon car banner

During the course of this last month we did a blog on Accident damaged vehicles being Defective Motor Vehicles and in that blog we also covered the consumers rights, in terms of the Consumer Protection Act No 68 of 2008(CPA), to claim a repair, a replacement or a refund of the purchase price from the dealer and/or service provider in the event that the consumer had bought a defective/accident damaged vehicle.

We continue to get daily inquiries about this problem.

A purchaser also has similar rights in terms of the common law, in the possible event that the CPA is not applicable in the circumstances of any particular case. This can occur for example when the 6-month statutory period since the date of sale has already expired.

28
May '18

common vs legislation law

Legislation is a law created by Parliament Common law is that system of our law handed down to us from generation to generation.

In response to a number of inquiries where it appears, there is a clear need to explain the difference between the various branches of SA Law including both civil law and criminal law; we will today discuss this topic in a short blog.

In the South African Legal System; we can differentiate between various spheres of the Law within that same system.

Initially; it is important to understand the difference between Common Law and Legislation.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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