Legal Advice

  • The Consumer Protection Act No 68 of 2008 (CPA) and the Common Law: Cancellation of Lease Agreements:

    Prior to the Consumer Protection Act, No 68 0f 2008 (CPA) which came into effect at midnight on the 31st March 2011; the law of contract and the common law covered the issue of when and how a tenant went about cancelling a lease agreement.

    That has all now changed since the commencement date of the CPA; and tenants and landlords need to be aware of the statutory provisions of the Act; which now cover the early termination and cancellation of lease agreements.

  • The Consumer Protection Act No 68 of 2008 (CPA):  How it protects buyers of Motor Vehicles and other Major Purchase Consumer Items.

    The Consumer Protection Act (CPA), No 68 of 2008, came into operation at midnight on the 31st March 2011.

    It is an extraordinary piece of legislation protecting consumers from all sorts of previously bad business practices.

    We, at The Legal Advice Office, get a lot of enquiries from clients and consumers who feel that they have been ripped off especially when it comes to the poor quality of motor vehicles that they have purchased

  • The Consumer Protection Act: No 68 of 2008: (CPA): Motor Vehicles and Consumer Rights:

    The purchase of defective or previously accident damaged motor vehicles seems to be a hot topic at the moment.

    Why this would be the situation we are not sure; but in some ways is not surprising.

  • pinocio spank

    "I saw it reported recently that the spanking of your child has now been declared a criminal offence. Is this true?"

    Corporal Punishment:

    Here is a query we received yesterday via email.

     "I saw it reported recently that the spanking of your child has now been declared a criminal offence.

    Is this true? Will this not result in an overloading our justice system even more than it already is?"

    We all know that corporal punishment in any form in our schools has been outlawed for a long time.

    But what is the situation at home?

  • We had an interesting scenario and query raised with us last week.

    It was an inquiry from an employer whose employee had helped himself to money that was due to him.

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

  • We previously looked at the general rules to follow when starting a business.

    Let us now look at the various business entities.

    Some of them are Juristic persons.

  • We often get enquiries about whether it is necessary to register your business, if you are starting one; and what does this cost?

    The short answer is that you do not need to register your business with the National Government, Provincial Government or even with the Municipality.

  • As a result of a number of queries in this regard we intend today to go over the above topic again.

    Although not really a part of our core business; we often get inquiries about either buying or selling a business; and often give legal and financial advice on this aspect of Commercial Law.

  • We have this week looked at the CPA; but today we will look at something completely different and will share with you some tips on the buying of residential property.

    Your house is your home and probably your biggest ever investment. It helps to study in detail all aspects of the purchase of a house before making the investment.

    There are, in my view, as a previously practising Conveyancer, 6 simple factors that should always be checked out by anyone looking to buy a residential property.

  • child emigration banner

    Can my child become a foreign national without my consent?

    A couple of times a year we get an inquiry along these lines and we had one during this last week; so let’s try to answer the client’s question for you.

    Below is the actual question:

     “I am a recently divorced mother and I want to permanently relocate to Australia with my minor child as I have obtained a wonderful work opportunity in Sydney; which will benefit both myself in the long term and my child eventually.

    However, my ex, the father of my child, refuses to give his consent, despite the fact that the child resides permanently with me in terms of our divorce order.

    The question is do I need his consent in writing or otherwise to take my son with me to Australia?”

  • 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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  •  mediation web

    Many businesses around the world are increasingly opting for mediation as a method of commercial dispute resolution.

    We recently received the following question.

     “My company is in business and is quite often embroiled in legal disputes that end in expensive litigation. This takes time, sometimes years, and is not only time consuming, but is expensive and frustrating. I realise that legal disputes are part and parcel of the business environment, but it would be nice if we could resolve some of these disputes faster and with less expense. Have you any ideas as I have heard about the subject “mediation”, but am not sure if this would is a good idea or simply be delaying the inevitable litigation?”

  • Consumer Law | The Legal Advice Office

    Consumer law advice and legal services especially pertaining to the purchase of defective and damaged motor vehicles and your remedies in these circumstances. Cancellation of Leases and contracts etc.  

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  • The Consumer Protection Act No 68 of 2008 (CPA): Section 56 (2): Consumers rights and choices.

    We were looking in our last blog at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 ( & 56) of that piece of legislation.

    There is still a lot of confusion about the Consumer’s Right to choose a Repair, Replacement or Refund in respect of Damaged or Defective Goods as guaranteed by these sections of the Act.

  • Legal advice and assistance on all aspects of both criminal law and criminal procedure. Advice and legal services on criminal charges, drunken driving charges, bail applications, court processes, 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.

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  • Last time we looked at the Divorce process.

    Today; we give you a short blog to finalise this series of blogs on divorce.

    As pointed out by one of our readers during the course of this week; “Divorce is not for sissies.”

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Legal Advice Office

South Africa

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