April newsletter published

Click on the newsletter to enlarge it, and feel free to contact us should you require additional information. mark@maclaw.co.za

Simplified forms for Sellers and Buyers

With the changing information requirements of the Transfer Duty Department, rates Department and FICA, there is always too much information required of your Sellers and Buyers.

We have streamlined this and reduced the amount of information you as Agents need to collect from your clients. Click on the link in this email and save your own copies of the new Seller and Purchaser's Information sheet required to be attached to your sales agreement. Any more information is too much as the conveyancers will be in contact with the parties to collect this.. most of your clients certainly do not have it all to hand when you are signing with them.

https://skydrive.live.com/?sc=documents&cid=6dca2ef73b160efe#cid=6DCA2EF73B160EFE&id=6DCA2EF73B160EFE%21247&sc=documents

This is the link to our Skydrive where you can download this and other useful sales documents and information.

Quick law bites...

Here's some interesting facts worth remembering:

Foggerty-Le Roux

1. If a woman assumes a double-barreled name on marriage, a formal change of name application with Home Affairs must be done. A deeds registration therefore cannot be done in this new name without this as the registration needs to follow the details appearing on the person's official green bar-coded ID book.

Partners in crime

2. Partners in a partnership business need to register property in all of the names of the partners and it cannot be in the partnership name.

Marry well

3. Marrying in community of property automatically gives ownership of previously acquired property of one party to them jointly.It is important when marrying to consider the full implications of the way you intend to get married. Check out our marriage page on our website and come in for a full discussion. There is no additional charge on top of the costs of registering an Antenuptial Contract to make sure you have peace of mind.

Yes Sir

4. A sale of agricultural land being sub-divided is not valid unless the consent of the Minister is obtained first. Sales containing a "subject to" clause before the consent of the Minister has been obtained have been ruled in court as invalid. If you are contemplating purchasing sub-divided land or land to be sub-divided, please come and see us to make sure it can be structured legally.

Get a slice of South Africa's sunshine..

5. Foreigners may buy property in South Africa but may not get a bond for more than 50% of the purchase price. The profits of any resale can be taken out, as long as the owner can prove the original source of the funds from outside South Africa. If you have a foreign buyer, one needs to check the buyer's intentions and make sure the right documents are preserved. Foreign companies as purchasers also have special requirements and you can check these with us.

For more info email dave@maclaw.co.za
Dave 083-70333-29
Acknowledgements to SA Deeds Journal Issue 25

Birthday Month

1st March 2012 is our 28th birthday and we enter our 29th year in business operating from our Bluff and Amanzimtoti offices. We celebrated in style at our recent big bang bash and we thank all of our loyal clients and associates for 28 years of success. Here's looking forward to 29, 30 and beyond in service excellence to our growing family.

What a Party!!

Comedian Glen Bo entertaining us all

Lisa and Mark tuck in

Dave, his mom Molly and daughter Kate-Lynn

Lisa, Mark's fiance, Mika, our new articles clerk in Toti, and Gopi, her fiance.

January 2012 Newsletter

Our January newsletter has been published. Click on the image to enlarge it to read it clearly.

It's an invitation to party with us

Dave swings into action getting out the invites to our 20th Jan Big Bang Bash to start off the New Year. You're all invited and can RSVP by phoning Sharon on 031-4673810.

Getting 2012 off with a bang!

No double speak

Clients of Mc Naught and Company will know that our legal contracts, wills and documents have always been written in plain simple and easy-to-understand language. This was one of my priorities as a newly-qualified attorney... taking contracts, tearing them apart and reducing them to simpler wording.

The good news is that the Government have recognised this need and it is now law that all legal contracts should be written so that the average South African will be able to understand them. The Consumer Protection Act which recently came into effect provides in Section 22, and the National Credit Act provides in Section 64, for documents to be written so that persons with average literacy skills and minimal experience as a consumer could be expected to understand them.

The new Companies Act also has similar provisions and requires plain language to be used in documents.

Consumers who are upset with contracts that are difficult to understand can complain to the relevant Ombudsman appointed for this purpose and it is intended to stop misleading or deceptive business practices. Fines can be imposed along with other appropriate decisions. The consumer may be entitled to cancel the offending contract or have it set aside by the courts. The court may also make any order it deems just, give money or property back to the consumer, compensate the consumer for any loss and cancel or alter the terms of the contract in favour of the consumer.

So there you have it! Consumers are being looked after.

Skydrive for documents

Our Skydrive is linked to our website and we are building a library of useful documents which may be downloaded and used free of charge, or where registration is necessary, with payment of the applicable fees.

The latest in our bundle of documents are Divorce Settlement Agreements, Joint and Sole Parenting Agreements in situations where agreement needs to be reached over custody and maintenance of children of parents divorcing and for the division of property owned by the parties. Click on our link to our Skydrive here for the list of documents available to download and to download them at a click of your mouse. You can also check out more info on marriage and divorce on our website.

Christmas Mince pies

Yummy Christmas Mince Pies being made by Lynn, our conveyancing lady at the Toti office. More please!!

Christmas Newsletter published

Making your Life Even Easier!

Mc Naught and Company constantly strive to make the lives of our clients and loyal business associates even easier.

Thanks to the technical know-how of the team at Dot Creative, transfer and mortgage bond costs can now be sent straight from our website to any mobile phone by sms.

Check out this novel, free service here.

Let us know what you think of this new service by posting replies to this post!

We honour

Our Bluff staff take a minute out of our day to honour those whose contribution to the war effort during the 1st World War preserved the world we know today. It was poppy day, or Armistace Day or Remembrance Day as it is variously known, although it proved impossible to find poppies around town and I had to make my own. We honour the sacrifices made to bring peace to the world.