25
Jan '18

As stated in our previous blog; at The Legal Advice Office we get numerous enquiries from clients and consumers seeking our help in terminating lease agreements because of one reason or another.

The CPA deals with the above subject and in our last blog we looked at section 14(1).

25
Jan '18

The Consumer Protection Act No 68 of 2008 (CPA): The Expiry and Renewal of fixed-term contracts/agreements, especially Leases. Section 14 (2) continued.

As stated in our previous blog; at The Legal Advice Office we get numerous enquiries from clients and consumers seeking our help in terminating lease agreements because of one reason or another.

The CPA deals with the above subject and in our last blog we looked at section 14(1).

09
Jul '18

commercial lease cancel

Landlords and their agents often refer to an early cancellation of a lease agreement by the tenant as “a breach of contract.” This is not the case.

Here is a recent query that was received by The Legal Advice Office last week:

“Hi, Hugh. My company is the tenant in a Commercial Property in Centurion. We were led to believe by the landlord’s agent that the foot traffic in our new Mall would be considerable, but this is simply not the case. The Mall parking is incomplete as is the final building completion and promises made to us at the time of the negotiations with the agents for the lease have simply not materialised. We feel that we were misled into signing this lease for 5 years and still have 4 years and six months to run and are simply not able to keep afloat as we have run at a loss for the last 6 months. Is there any advice you can give us to assist us in terminating this lease?”

26
Jun '18

family business 2

A commercial partnership a separate legal entity from marriage and partners could share in the profits which would accrue to their separate estates just as it would if they were normal business partners.

 “My husband and I are married out of community of property and without the accrual system in terms of SA Law. For the last ten years, we have both worked together in our family business. Due to health reasons, my involvement in the business is becoming less and less. Our marriage is also going through difficult times, and I am concerned that should we end up getting divorced that I would not be entitled to any share in the future profits of the business which we have built up together.”

18
May '18

commercial lease ending

Landlords often refer to an early cancellation of a lease agreement by the tenant as “a breach of contract.” This is not the case.

At The Legal Advice Office, we receive emails every single week from tenants who want to inquire about the possibility of terminating their lease agreements.

There are many reasons for this. Some are purely financial reasons, some because their businesses are not viable, sometimes it is because they want to relocate either from one city or town to another or simply to change the venue for their business.

In other case, it is because they were misled by the landlord or the agent at the time of entering the lease eg with regard to a misrepresentation as to the amount of anticipated foot traffic for their particular centre.

If you have valid grounds a lease agreement may be terminated and cancelled in terms of the common law.

08
May '18

 business rescue

Business rescue is simply a legal process to assist businesses that are in financial distress

From time to time we get inquiries from business owners whose businesses are struggling financially and who seek advice regarding their options. One of those options is Business Rescue; which is a relatively new commercial concept.

This blog focuses on shedding a little more light on the very complex and technical issue of business rescue and the new Companies Act, which is Act No 71 of 2008; and we are going to focus on Chapter 6 dealing with Business Rescue.

We hope to answer the following question for entrepreneurs and business owners in general:

25
Apr '18

 private company

 Setting up a company can be a quick exercise if you have done your homework well

The Legal Advice Office recently received the following query via email.

“I have applied for and been approved to open up a small franchise business. The franchisor, however, requires that I run the franchise business in the name of a private company and not in my own personal name. Where do I start this process if I want to register my own private company; and how do I set a private company up.”

20
Apr '18

 e commerce tC web

Your website T&C's - essentially represent your agreement of use and trade

On Monday we received the following question via email.

 “I’ve recently launched an online business and I am busy setting up my website. My website developer has strongly advised me to look at proper terms and conditions for my website. I’ve always thought these were relatively standard T’s & C’s, but he seems to think they must be quite specific. Must they be specific or can I just copy terms and conditions from other websites?”

16
Apr '18

verbal agreement

Can you legally rely on a person’s word only instead of a written change in an agreement?

This was the simple inquiry we got the other day.

“Are oral variations of an agreement valid?”

 To illustrate let us take an example:

If, for example, you agree to rent a house from a friend of yours for a fixed period of two years.

You both furthermore agree that you should enter into a written lease agreement and you have a written lease drawn up properly.

Everything goes well until the monthly rental increases come into effect as per the written lease agreement at the end of the first year.

You discuss the situation with your friend who agrees to waive the increase verbally.

But is this sufficient and can you legally rely on his word only?

05
Apr '18

 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?”

Subscribe to our Legal Advice Blog

Follow our weekly Blogs:
To Subscribe to our Legal Advice blog is simple and easy. Just type your email address at the bottom and click GO

News Feed

Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2458
Email: info@legaladviceoffice.co.za