Civil Law

  • In our previous  blog we answered some FAQ’s about motor car accidents and the consequences.

    As previously, we reiterate that if you have been recently involved in a motor vehicle accident and need advice or legal services on the RAF, civil or criminal damages claims you may have as a result of the collision; then please contact our office and/or legal consultant, as soon as possible for obtaining proper, professional legal advice.

    We will today answer a few more to finalise this topic for now.

  • At The Legal Advice Office; we get many queries about blacklisting and requests for the rescission of judgments.

  • Car accidents happen at the rate of hundreds a day.

    Some just a fender bender; others serious accidents where people are seriously injured and/or killed.
    We all hope never to be involved in a car accident, but if we are, what must we do? 

  • All aspects of civil law advice and legal/paralegal services including civil suits to recover monies due or damages due to you. Letters of demand; office draft summonses, contracts, general advice etc

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  • debt help for women

    Benjamin Franklin said: “Better to go to bed without dinner than to rise in debt.” However, debt is not something we can all avoid.

    Prescription of a Debt: What does it mean? Part 1:

    The Prescription Act; No 68 of 1969; provides in Chapter III for the extinction of debt by prescription.

    What does this mean?

    A debt is extinguished by prescription after the lapse of the period which applies in respect of that particular type of debt. This means that after that period the debt cannot be revived even under the provisions of the Act relating to the interruption of prescription by the acknowledgment of liability; unless that new acknowledgment amounts to a new undertaking altogether to pay; which novates the old prescribed debt and amounts to a completely new debt and cause of action.

  • In our last blog we gave you all guidelines on what to do after you are involved in a motor car accident. We stress that it is always advisable for you to seek prompt, proper and professional legal advice and also to secure reliable legal services when dealing with this and any other type of factual and legal dispute. It is always advisable to be aware fully of all your legal rights in any given circumstances.

    Today we answer some questions that are often asked by our clients.

  • What grounds do I need to cancel a sale?

    What process must I follow?

  •  debt free

    Be very circumspect when dealing with collection agencies and that includes firms of attorneys that specialise in this area of the law.

    Do not believe everything that you are told by a collection agent or attorney as they will look after their own interests and those of their client; before they give a thought to you and your interests.

    Prescription of a Debt: What does it mean? Part 2:

  • alternative dispute resolution

    Have you ever heard of “alternative dispute resolution?”

    One of the services The Legal Advice Office provides to our clients, and other interested parties; is alternative dispute resolution procedures.

    These procedures broadly speaking include interventions, mediation, arbitration and other dispute resolution procedures and methods to settle disputes between two parties without proceeding with a civil court action; which could cost tens of thousands of Rands; take two years to finalise; and, if you lose, you have to pay a portion of the other person’s costs.

    Alternative dispute resolution is cheaper, quicker and more efficient.

    Here is an example of such a situation; which we dealt with during the course of this last month.

  •  

    In 2016 I lent a friend of mine R 48000.00.

    Now; I am battling to get the money back!

    What can I do?


  • One of the issues that crop up on a regular basis with The Legal Advice Office are queries and advice sought from us when you have been lied to or, at least, not been told the truth, the whole truth and nothing but the truth.
    If someone sells you an item, for example, a motor car, and they do not fully disclose to you any defects in that vehicle that they knew about or should reasonably have known about; then you have certain legal rights and recourse.

  • Perhaps somebody owes you money and will not pay it back?

    Maybe someone damaged your property; your car or other property and refuses to fix it at their cost?

    You could always sue them in a court, but that takes time and normally costs a lot of money

  • What do the Common Law and the Consumer Protection Act No 68 of 2008 (CPA) mean for tenants when the landlord sells the property?

    When a property is sold with tenants in occupation of the premises; what rights do the tenants have when it comes to staying on, cancelling the lease or indeed enforcing its terms?

    Landlords are within their rights to sell their properties at any time, even without notifying the tenant of their intention to do so; but the tenant’s rights remain in place before any of the rights of the buyer of the property. “Huur gaat voor koop” is an old Roman Dutch axiom which covers this situation. In effect this means that the tenants can remain in the property until their lease expires.

    If a property is sold by the owner; the lease terms and conditions are passed from the one landlord to another being the buyer; and they do NOT fall away. If the lease has not been cancelled, both the tenants and the new landlord buyer are both bound by its terms and conditions until the lease is either renegotiated or expires. The deposit held by the previous landlord must be transferred to the new owner and as with the previous landlord it must be held in an interest bearing account for the benefit and interest of the tenant as its remains the tenant’s money at all times. At the end of the lease it must be refunded to the tenants with interest earned on it; unless the landlord has a legal rights to retain the whole or a portion of the deposit in terms of the terms of the lease agreement.

    However if the tenants decide that they would no longer wish to stay on in the property if there is a new owner and landlord; the terms and conditions of the lease itself mat also prevent the tenants from leaving the new landlord in the lurch and cancelling the lease. They have no automatic right to do so; and the lease terms and conditions will still be binding on them. If the tenants try to cancel the lease in these circumstances; they may well find that there is a penalty for doing so.

    The above is all based in common law and the law of contract.

    Although the CPA allows tenants to give early notice of termination of a lease in certain cases by formally giving 20 business day’s notice; if the landlord is a supplier according to the CPA and lets the property in the ordinary course of business; there is still the possibility of a “reasonable penalty” which the landlord may be entitled to depending on the circumstances of each case.

    In short; if for any reason the landlord or the tenants cancel the lease once the property has been sold and taken over by the new owner; it would be best if it was done by mutual consent.

    The first course of action would be to have an open discussion and communication between the two parties and through this process hopefully reach an agreement without either party being put financially of legally at risk.

    Landlords and agents usually work on a “reasonable penalty: equivalent to the cost of finding a new tenant plus one month’s rent; but this is not the law and this is not and can never be a once size fits all scenario. The rationale behind this approach is that it takes about one month for the landlord or his agent to find a new tenant.

    Each case however should be judged on its own unique facts.

    If on the other hand the new owner landlord wishes to cancel the lease; there should be no penalty and the tenants should always be given enough time to find alternative premises.

    Once again; we must stress that it is always advisable  for both landlords and tenants to seek proper, professional legal advice and legal services when dealing with complex factual and legal issues as we reiterate once again that both the common law and the CPA and its contents can sometimes can be confusing and complicated, especially if you want its correct interpretation in the circumstances of your particular case; and it needs a trained experienced and legal mind to interpret it correctly and as accurately as possible in any given circumstances.

    Please visit  The Legal Advice Office’s website at www.legaladviceoffice.co.za or write to one of our email addresses; either This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and we will respond within 48 hours.

    Thank you.

    The Legal Advice Office Team.

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Legal Advice Office

South Africa

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