Commercial Law
------------------------------------ 
------------------------------------
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
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.
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?”
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.”
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.
Services
Latest News
-
Liquidation or Business Rescue?
Legal Advice Office 2019-02-17
-
When can a property owner be held liable for damages arising from a fire starting on his property?
Legal Advice Office 2019-02-10
-
Why You Might Want to Terminate Your Lease Agreement or Fixed Term Contract early
Legal Advice Office 2019-02-05
-
What are the factors that will be considered when calculating the reasonable penalty for early termination of a fixed term contract?
Legal Advice Office 2019-01-29
-
Consumer agreements with specific emphasis on Fixed Term Agreements and Lease Cancellations
Legal Advice Office 2019-01-22
JOIN OUR SOCIAL COMMUNITY
Copyright © 2019 Legal Advice Office South Africa. Web Development | Design Jaydee Media.