Our Firm has professional qualified staff dedicated to each and every aspect of the legal sector. Our administrative staff is equipped with the latest technology and state of the art equipment which will ensure speedy professional and effective service. We offer specialised expertise to our clients provincially, nationally as well as internationally.

Road accident fund and personal injury

We specialise in Road Accident Fund claims and all other personal injury claims, which include PRASA / Metro rail related injuries, medical malpractice, police brutality, slip and fall and others.

Who can claim against R.A.F?
You or a loved one who suffered a personal injury relating to a motor vehicle accident.
We claim for your;

  • Pain and suffering
  • Past and future loss of income
  • Past and future medical expenses
  • Loss of support of the breadwinner or someone contributing to the house-hold, or someone who pays maintenance, passes away as a result of motor vehicle accident

SAPS and shopping centre claims
Anyone that suffered an injury because of slipping and falling on a wet floor at a shopping centre or a similar injury.
Someone that suffered an injury because of police brutality or negligence, for example: a bystander is shot by the SAPS.

We claim for your;

  • Pain and suffering
  • Past and future loss of income
  • Past and future medical expenses
  • Loss of support of the breadwinner or someone contributing to the house-hold, or who pays maintenance, passes away.

PRASA / Metro rail / Medical malpractice
You or your loved one can claim if you suffered any personal injury or the breadwinner or co-contributor to the household passed away due to a train accident or negligence of a doctor or hospital.

We claim for your;

  • Pain and suffering
  • Past and future loss of income
  • Past and future medical expenses
  • Loss of support of the breadwinner or someone contributing to the house-hold, or who pays maintenance, passes away

Collections

No Success No fee

We pride ourselves on conducting business with integrity, honesty and respect. We strive to recover our client’s hard earned monies within the Scope and confines of the law.

We have Tracers and field agent’s nationwide to assist us in tracing debtors and sign acknowledgements of debts. We combine the call centre method and legal process simultaneously, to provide a cost-effective and efficient service. Our call centre specializes in collection of large volumes of consumer debt on a contingency basis.

Why use us?
– solutions for all your debt recoveries
– no need to appoint extra personnel to collect outstanding debts
– flexible feedback reports
– offers maximum recoveries
– fees are based on performance
– guarantees performance, commitment and cost saving

We have:

  • The latest technology, software and equipment
  • Highly skilled staff
  • Performance driven goals and incentives
  • Dedicated staff for collections to all EDC’s
  • EDC’s in all major towns and city’s
  • Training supplied to all EDC’s
  • Call Centre facilities
  • Monthly reporting and payments to client/creditor
  • In-house attorneys overseeing the collections

Most of our clients choose the option where we as attorneys only get paid if we are successful. Therefore NO COLLECTION, NO FEE!!!!!

Contact us now to discuss for collection headaches.

DECEASED ESTATES

We have qualified staff dealing with the administration of deceased estates, whether your loved one that passed away, had a Will or not.

If you or a family member was appointed as executor, we can still assist in the administration of the estate and experience has shown that the Master of the High Court prefers and recommends that an executor who is not a professional person be assisted by an attorney.

By appointing us with your Power of Attorney to administer the estate or appointing us as the executor we will take over the entire estate which includes the collecting of all outstanding debt, the handling and arrangements with all creditors, to take control of all movable and immovable assets and to administer and finalise the estate in terms of the prescribed legislation.

ESTATE PLANNING AND TRUSTS

Let us assist you in a free consultation and prepare a proposal for estate planning which will ultimately save precious money that can be better utilised by your family and children.

The advantages of utilising a trust and estate planning are the following:

  • A trust is a legal entity and does not stop existing when you pass away, a trust is not liable for estate duty or taxes and is then no executors fee on the property in a trust.
  • No estate duty
  • The growth of the assets of the trust is not subject to estate duty because the assets belong to the trust and not to you in person. The trust will continue to pay benefits to the beneficiaries, for instance your wife and children, after you die, whereas the estate and your bank account will be effectively frozen while the estate is administered and wound up.

Protection of assets – If a beneficiary becomes insolvent the assets still belong to the trust and are protected against all creditors

LITIGATION

We are experienced in Magistrates Court and High Court civil litigation. Our areas of expertise in this regard are Matrimonial law, Collections, Commercial law, and Liquidations and Sequestrations.

We are well aware of the costly and expensive civil litigation process in the courts and what a lengthy process it has become. We are always of the opinion that negotiations could resolve and settle the dispute out of court but this will not be considered or done to the detriment of our client. Together with our team of junior and senior advocates you can rest assured that your litigation in the Magistrates Court, Regional Court, High Court or Supreme Court of Appeals will be in good hands.

COMMERCIAL LAW AND COMPANY LAW

If a contract, is negotiated, drafted professionally and custom made for your specific transaction and needs, this will circumvent most of the problems that might arise and prevent disputes and lengthy litigation. Hence “your legal solutions start here,” If contracts and commercial agreements are properly drafted it will ensure a mutually beneficial association and relationship between the parties without complications. Allow us to assist you in drafting your agreements and contracts whether business, family or property related.

FAMILY LAW

Our department in family law we renders the following services:

Antenuptial contracts

Antenuptial contract is a contract concluded between individual people before they enter into marriage. The contract will decide how the property of each party to the marriage will be dealt with at dissolution of the marriage or the passing away of one of the partners.

There are three types of marital systems available in South Africa.

  • In community of property – that is if you get married without an antenuptial contract
  • Marriage out of community of property
  • Marriage out of community of property with the inclusion of the accrual system.

Due to the advantages we advise our clients to refrain from getting married without an antenuptial contract and therefore not to be married in community of property. If you are married in community of property there is one estate and each spouse owns an undivided 50% share of the joined property and debt. If one of the spouses is sequestrated the entire estate and both parties will be bankrupted. The entire estate will also be attached by the creditors for one or either of the spouses debt. We will always then propose to our clients to consider a marriage out of community of property or marriage out of community of property with the inclusion of the accrual system. This ensures the safeguard of each party’s property that he/she owns before, and also that accumulates, to each party after date of marriage.

The accrual system has the effect that both parties share in wealth which has been accumulated by one or both of the parties and the technical detail of the accrual system will be explained during a first free consultation.

We can assist married couples to change their marital regime if needed from in community of property to out. This is especially recommended when either or both partners have their own businesses.

COMMERCIAL AGREEMENTS

– Shareholders and membership agreements;
– company and close corporations to company registration
– sale and transfer shares membership agreements
– employment agreements
– family law contracts
– wills
– family trusts
– business trusts
– divorce settlement agreements
– agreements regulating parental rights
– property law contracts and other associated agreements
– sale of residential property
– sale of commercial property
– lease of residential and commercial property
– bond registration and cancellation
– joint venture agreements
– franchise agreements
– sub-contractor agreements
– liquor licence applications

CORRESPONDENT WORK

Our location:
– 250 meters to the High Court
– 600 meters to the Deeds Office
– 300 meters to the Labour Court
– 500 meters to the Advocates Chambers
– 50 meters to two Five Star Hotels

We are acting as correspondents for many colleagues and assist them with various aspects of the law.

Our fees are very competitive and we offer a professional and effective solutions to law firms who are not Cape Town based.

CONVEYANCING

We ensure that the transfer of one of your biggest assets take place in effective and speedy manner.

We assist with the following;
– Drafting of offers to purchase and agreements of sale
– Option agreements
– Title deeds and all transfer documents
– Commercial and private bonds
– Notarial bonds
– Registration of lease agreements
– Servitudes of right of way
– Lost title deeds

BUYING A HOUSE

Buying a house is probably the biggest and most important investment you will ever make.

When you do find a house you wish to buy and before you sign any deed of sale (also sometimes referred to as an Offer to Purchase), follow these simple guidelines.

– Examine the house thoroughly. Enquire about the roof, gutters, electrical wiring, foundation etc. should you have any doubts at all, consult an expert to examine the house. Should there be any defects, the deed of sale should provide for the correction thereof by the seller at his cost.

– Before you sign a deed of sale, give the document to your attorney to examine. Ask about anything that is not clear.

– Enquire about any additional costs, such as rates and transfer costs – your attorney will have the answers. All provisions and promises must come from part of the written contract. Verbal agreements are not enforceable. A document signed by you and then accepted by the buyer could become a binding agreement.

– Ensure that your finances are sound. Should you need a bond, also make provision for the costs or valuation of the property and registration – your attorney can tell you about this.

– If you are not certain whether you will be able to obtain a loan to provide for the purchase price and / or other costs, make the sale subject to the obtaining loan.

– Ensure that the deed of sale provides for the issue of a beetle-free certificate at the expense of the seller in the Cape Province and Kwazulu-Natal, and for a certificate of compliance in respect of the electrical installation in all provinces.

– Does the seller require a deposit on the selling price? Should this be the case, arrange for payment in trust to any attorney pending transfer and for safekeeping in a special savings account until the house is in your name.

– With the consent of both parties the attorney may invest these monies subject to the condition that the interest earned will be for your own account.

– Take note of the date of occupation in the deed of sale. Should you move in before the house is in your name, you would be expected to pay rent. Make sure who is responsible for the payment of taxes, levies, and insurance premiums during this period. Should the sale fall through after you have moved in, you would naturally have to move out again with the attendant expense and inconvenience.

– If the seller wants to remove any items such as plants, cupboards etc, this needs to be explicitly set out in the contract. Any loose items (such as curtains, swimming pool equipment etc) must also be specified.

SELLING A HOUSE

Follow these guidelines:

  • Keep your house and the premises neat and clean that it is attractive to prospective buyers.
  • Consult your attorney concerning your rights and obligations. As the seller you have the right to appoint your attorney to handle the transfer. Do not allow an estate agent to convince you otherwise.
  • Approach one or more estate agents of your choice to list your property. Do not give sole rights to sell the property to one agency without considering it very carefully. Your attorney will be able to advise you about this.
  • When you find a buyer, do not sign any offer or deed of sale before your attorney has examined the document. All provisions and promises must form part of the written contract. Verbal agreements are not enforceable.
  • Before you sign, find out what commission is payable to the estate agent and whether VAT is included.
  • Give the estate agent the name of your attorney – your attorney will deal with the legal aspects and ensure that the house is transferred to the buyer. He will also organise the finances and ensure that you receive your money.

The following is a list of the most important requirements that should be met in a deed of sale. However, this list is not complete as each transaction has its individual requirements. Should you wish to do so, your attorney can draw up the deed of sale.

  • The names, identity numbers and marriage status (e.g. Marries in or out of community of property) or capacity (when a company is involved) of the parties concerned, as well as the purchaser’s and the buyer’s addresses.
  • The description and size of the property or stand as detailed in your deed of transfer.
  • The selling price and manner of payment.
  • The provision that the buyer pays all transfer fees.
  • The name of your attorney handling the transfer.
  • The date of taking possession and occupation.
  • The provision that the buyer is responsible for all taxes and other municipal charges from the day of taking possession.
  • The provision that the house is sold ‘as is’ (in other words without any guarantee on your part regarding visible or hidden faults)
  • The commission due and the name of the state agent.
  • Should the date of occupancy be before the date of transfer, ensure that the buyer pays interest on the sale figure or rent until the date of transfer. The amount and manner of payment must be stipulated.
  • The fact that no change to the deed of sale is valid unless it is in writing and signed by both parties.
  • Whether a beetle-free certificate should be obtained (Cape provinces and Kwazulu-Natal) and if so who should pay for the inspection and any word required.
  • Any special conditions, for example:
    • A list of any articles excluded from the sale.
    • Whether the sale is subject to the buyer obtaining a bond or the sale of the buyer‘s house. Your attorney can advise you with regard to these conditions.
    • A special deed of sale should be drawn up should the buyer wish to pay the selling price over an extended period of time. This is a relatively complex issue which also holds certain risks and you are strongly urged to allow your attorney to draw up the deed of sale.
    • (Supplied by the Law Society of the Cape of Good Hope)