Legal Advice

  • Cancellation of Lease Agreements

    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.

  • How the consumer act protects buyers of Motor Vehicles and other Major Purchase Consumer Items.

    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

  • Motor Vehicles and Consumer Rights

    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.

  • A compensation order is a requirement before employers can garnish employee’s wages.

    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.

  • Blacklisting and the Rescission of Judgments.

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

  • Business Entities:

    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.

  • Business Licences: Starting a Business; A few pointers

    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.

  • Buying or Selling a Business: Ground Rules:

    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.

  • Buying Residential Property: Tips:

    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.

  • Civil Law

    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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  • Commercial Law

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  • Consumer Law

    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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  • Consumers rights and choices.

    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.

  • Criminal Law

    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: “I keep on getting demands for me to pay a debt from years ago- What should I do?”

    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.

  • Deceased Estate Law

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  • Divorce: Final

    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.”

  • Divorce: How does the process work?

    As promised; we now look at the Divorce process.

    All divorces are dealt with either in the High Court or in the Regional Divorce Court; which courts have been specifically created to assist the High Court in dealing with divorce matters. There is a High Court in each major city; and various Regional Divorce Courts in each Region of each province.

  • Divorce: Proprietary and Pension Fund Benefits

    In our last blog we looked at proprietary rights on divorce.

    Today we look specifically at pension benefits at divorce.

    One needs to be very careful about how retirement benefits are divided between spouses at the time of a divorce. Many people including their own attorneys get it wrong and leave non-member spouses, in particular, financially vulnerable as a result. And some of those getting it wrong are the so-called experts including divorce lawyers and retirement fund trustees and advisors.

  • Divorce: Proprietary Rights and Benefits:

    It is a sad fact of life that many of our marriages end up in a divorce; and as the statistics imply that up to two-thirds of all marriages, depending on where you live and into what social bracket you fall, end in a divorce; it is advisable to know your rights.

    A divorce order should cover the dissolution of the marriage, custody, guardianship and care of children, maintenance for the spouse (if applicable) and the division of/or be awarding of assets and liabilities acquired before, during and at the end of the marriage relationship.

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Legal Advice Office

South Africa

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