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Legal Advice

Welcome to the Legal Advice Office in South Africa

The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

Our legal advice and services are based on 40 years of experience in the professional legal field.  As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

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 shoplifting pen

The expunging of criminal records. Fact or fantasy?

Here is an interesting inquiry that we received in on Friday last week from a client who we advised accordingly.

“I completed my tertiary education at the end of 2017 and I have been looking for employment since January 2018. I just can’t get work, mainly, I think, because I have a criminal record. The criminal record stems from a case of shoplifting that I committed in 2007 and to which charge I pleaded guilty and for which I received an R500 fine without any suspended sentence attached. Can my criminal record be removed?”

“Yes, it can” is the short answer to your question.

 gas compliance certificate

Both sellers and Estate Agents should be made aware of this legal requirement.

Last week we received this inquiry.

 “I am in the process of selling my house. I have a permanent gas oven in the house and the transferring attorney is now telling me that I need to get a gas compliance certificate for my gas oven. Is this necessary, and should the buyer not be responsible for this and the cost involved in getting one?”

shareholders meeting web

How, when and who must make valid company resolutions?

“My father owns a family run business and I have just bought a shareholding in that business. I’ve been part of the family business for some time; but now that I am a shareholder and director of that business; it has dawned on me that I know very little about how a company is run in practice and how the company’s directors and shareholders are supposed to take decisions. What should I know about company resolutions and what is my role in those resolutions and the decisions made by the directors of the company?”

break lease agreement

You can not just pack up and move out.

The termination or cancellation of a commercial lease agreement/s is always a legal conundrum.

One of the matters that we specialise in is Consumer law and also in lease agreement cancellations and terminations.

It is a contract and must be dealt with correctly and legally if you want to cancel it or terminate it prematurely ie before its expiry date.

You cannot just cancel a lease agreement.

If you breach the lease and simply vacate and abandon the premises the High Court can grant the landlord an order for specific performance.

This can mean that the court orders you to return to the premises and pay the rental for the balance of the lease period. Alternatively, it can allow the landlord the right to cancel the lease because of your breach and grant an order for damages in favour of the landlord being equivalent to the rent due for the balance of the period.

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?”

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?”

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?”

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. 

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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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