Friday, August 24, 2012

Groundbreaking new LIVE CHAT launched

Mark and Dave are claiming a South African first - not a Gold Medal - but still something we can in a small way be proud of.                       

We have launched our free online LIVE CHAT facility. It is a first for a South African legal firm to offer instant legal help online - better service to our clients and associates and cuts the frustration of waiting for an email or making a phone call to your lawyer’s office.

How it works

At the bottom of each page on our website at there is an online chat logo. You can click on either partner Mark or Dave’s photo which will call up a chat box and simultaneously a chat window will pop up on their desktop. You are able to ask either of them any question and if they are showing online you will be able to get an instant answer. If they are in consultation or offline for any reason it will post your question as a message on their desktop. Never before has it been this easy to get instant access to your lawyer.. Without laying out a cent.
You can get chat on your Company website too

Even more revolutionary, you can now get a lawyer on your side too.. on your own website.

If you send us a request, we will give you the html software coding to place a similar attorney LIVE CHAT button on your website. This means that if your clients are looking at your website, browsing properties to buy or sell, or wanting to understand the legal process involved in purchasing a property, they could click on the LIVE CHAT logo and get instant advice from a qualified attorney.

Questions such as: the choice between registering in a close corporation or trust; the costs involved; how to get bond finance; can one cancel a lease; is transfer duty or capital gains tax payable; is a sale agreement enforceable; who is responsible for a collapsing retaining wall.. can now be answered and are just a click away.

What better way to offer your own clients fast, professional legal advice and complement the services your firm offers to the public.

THE WAY TO GO - Mc NAUGHT AND CO, your innovative property attorneys. FIRST and FAST!

Whilst online chat per say, is not revolutionary, and we have had Skype on each of our staff desktops for a few years, (and you may add us), it is a first to be able to offer those browsing our website instant access to advice, and for you to be able to put our advice line on your website too.

Thursday, August 23, 2012

Frequently Asked Questions?

Property Law
How much will it cost me to transfer a property into my name?
The transfer costs depend on the value of the property. If you click on this link to our website, we have a handy calculator that will give you a good idea of the costs, including some "hidden" costs that other firms may not warn you about in advance, but which will be required to be paid, such as rates or levies, or Vat.
How do I go about getting a bank loan to finance my property purchase?
If you are buying through a Real Estate Agent, they will generally be able to assist you in getting bank finance. Here is a link to our guide on getting a mortgage loan, an affordability calculator and repayment calculator, and with links to the banks and mortgage originators we deal with who will also gladly help you. You can print out these calculations, email them or sms them to yourself or others, free of charge.

This posting is under construction and we will be building up a list of the questions we most frequently encounter, with our best stab at a response :-) For this purpose we have created a separate website for this collection of questions, adding to it from here onwards.

Monday, August 20, 2012

Getting married?

If you're getting married, there are a few things to consider, apart from the commitment you are making to your partner.

For the legal part of the ceremony your minister will handle the formalities if you are getting married in Church. It is also possible to get married, or for a civil union to be registered in terms of the Civil Union Act, at the Department of Home Affairs.

Here's a handly link to the Home Affairs guide and contact details.

If you make no other arrangements for the legal type of marriage or union/civil partnership before you get married, you will automatically be joined in community of property. There's an explanation of the differences between getting married in community of property, or out of community of property on our website, if you click on this link here.

One of the main reasons to get joined out of community of property is to ensure that any debts of your partner are not settled out of your assets. This could happen for a number of reasons, especially if one of you is in business. You get married out of community of property by registering an Ante-Nuptial Contract, which must be done before your marriage. Both Mark and Dave at Mc Naught and Company are Notaries Public, which enables them to execute and register Ante-Nuptial Contracts. The information and authority form can be downloaded off our Skydrive here, or you can come in to our offices and arrange it. Allow one or two days before your marriage to organise this.

You can also verify your present recorded status (single, married, divorced etc) by clicking on this link here.

Tuesday, August 07, 2012

Mortgage Bond Applications

The difficult task of getting a bank loan (mortgage bond) to buy your property can be made easier if you follow this guide. There are 3 ways you can go about getting a loan:


1. Walk into the branch of the bank you deal with, or any branch of these 3 banks, and talk to a Home Loan Consultant;

2. Apply Online by clicking one or all of these links below to see which bank will give you a better deal and advice  -
                    Standard Bank     Nedbank      First National Bank

3.  Ask a Mortgage Originator for help - they usually deal with all of the banks and get paid a commission by the bank for finding bonds for them: it costs you nothing and they will help you get a loan. Here is a list of those we deal regularly with.

             CapCubed Finance                BetterBond                  BD Sure Bonds


Before applying for a bond, you need to get some information to hand if you don't want to waste time. Everyone will ask you for this information:

1.  A copy of the Sale Agreement - get one from the Agent selling you the property.
2.  Your identity document, and that of your partner if you are married or intending to buy jointly with your partner.
3.  Both of your proof of residential address - original municipal account, cellphone statement, or other finance statement or SARS Tax letter.
4. Your Salary payslips, or if self-employed, your audited financial statements and 6 months bank statements.
5. Your income tax registration numbers.
6. A list of your income and expenditure with account numbers of expenditure accounts eg vehicle finance account number, credit card account numbers.
7. If you are going to see a bank consultant or mortgage originator, phone first to see if there is anything else you will need.


Our Mc Naught and Company website has a fairly comprehensive calculator to help you work out what size loan you can afford or will qualify for and how much the Attorney's charges are to register this loan in the Deeds Office when the property is transferred into your name. Click on the link here to our handy calculator and see for yourself.


Mc Naught and Company would like to secure the legal work involved in registering both the property transfer into your name as well as the mortgage bond registration for the bank and if we do both we will offer you a discount on the costs. Be SURE to specifically request that Mc Naught and Company be appointed as the Conveyancers for the property registration when you are dealing with the real estate agent and also when you are dealing with the Bank consultant or Mortgage originator, otherwise they will allocate the work to whom they or the seller prefers and you will not get this discount. It will also be convenient for you to only visit one set of lawyer's offices when you need to sign all the transfer and bank paperwork. Mc Naught and Company serve on the panel of Attorneys for bond registrations with Standard Bank, Nedbank and First National Bank and it will be our pleasure to help you.

Monday, August 06, 2012

Now Proudly FNB Panel Attorneys

Mc Naught and Company have just been appointed to the First National Bank panel of mortgage bond registration attorneys.

We are thrilled to now be able to offer our expertise, professionalism and service excellence to all FNB bond clients.

For more information contact our offices on 031 467 3810 (Bluff) or 031 903 7307 (Amanzimtoti) or mail

Saturday, August 04, 2012

Patriotic KZN Attorneys

As patriotic KZN Attorneys, Mc Naught and Company wish the Sharks well in their Super rugby final! Bring home the trophy boys!!