This week, a reader has sought the Property Poser experts' advice about a suspensive condition on an offer to purchase a fixed property. She seems to have signed an offer that contained a suspensive condition relating to the successful acquisition of bond finance. The finance was approved but the reader applied for a further loan to cover the additional costs, including transfer duty and legal fees. The reader explains that the bank rejected her application for the additional sum and wants to know whether the seller would be able to sue her for breach of contract if she cannot afford to go ahead with the transaction. Schalk van der Merwe from Rawson Properties in Somerset West, Cape Town, says an offer to purchase is simply a contract between a seller and potential purchaser. "When the offer is accepted by a seller, it becomes a binding contract between the two parties." In this instance, the contract contained a suspensive condition regarding the financing of the property but didn't address any further costs, says Van der Merwe. "A suspensive condition should be worded in such a way that it is specific about the purchaser's requirements." As the offer is made by the purchaser, Van der Merwe says it should be personal to his or her circumstances. "It should address the extent of the financing required, which is typically expressed as a percentage of the full bond, and any additional amounts needed to be in a position to purchase the property." The bank is not a party to the contract and must abide by certain requirements, in particular the National Credit Act, when considering whether an applicant is to be successful in securing bond finance, says Van der Merwe. According to Sean Radue of Radue Attorneys in Port Elizabeth, a contractual stipulation that could give rise to a financial penalty is not a consideration for a bank in approving additional finance. "Unless there are additional suspensive conditions that remain . . .
JOHANNESBURG: While problems experienced within call centres are addressed by a host of solution providers and vendors in the industry, an entirely new approach is required when call centres, in and of themselves, feature at the top of the consumer complaint list. The list is seemingly endless, varying from ‘it takes too long to get through, or ‘nobody seems to understand my problem’. Then there are those never-ending series of numbers, on complex menus, that have to be pressed - without results, while ‘not having complaints resolved due to a lack of knowledge by call centre agents’, as well as the unsuccessful escalation of calls to supervisors and managers, add to the levels of consumer irritation and unhappiness with the industry. A few months ago, Tilly Davies, CEO of Call Centre HUB, decided to do something about changing the negative perception the consumer has of the industry. The first step was to use her more than 30 years experience in the call and contact centre industry, to establish Call Centre HUB SA (Pty) Ltd, through which existing solutions and resources for the call centre industry are harnessed. This includes call centres, contact centres, help desks, tele-services and any other customer service initiatives, as well as the suppliers, vendors and service or solution providers to the industry. Call centres require readily available, easy to access and find, as well as relevant information, with which they can improve their day-to-day operations. Improvement leads to growth and more opportunity for the businesses of these customer initiatives; and especially for businesses that provide recruitment, training and products, as well as services and solutions to the customer service industry. Tilly has put together a dedicated and already highly efficient and successful web-portal, which allows all role players to buy into a collaborative effort with which to address the problems within the industry, and has employed experts in their fields to . . .
The Property Poser experts have received a rather interesting tax-related query from a reader who rents out his home to officers from the diplomatic services from time to time. When their property is occupied, the reader and his wife go and live on a camping site, which is admittedly less comfortable than their own home but far less expensive. In this way they are managing to save a bit of money for their later years. There is still a small bond on the property and while they know that they can deduct the interest portion of this bond from the rental income, the reader would like to know whether they can deduct the expenses incurred from their camping expeditions as these are "necessary costs" in renting out their property. When calculating the tax liability owed to the South African Revenue Service, all income must be declared, says Schalk van der Merwe from Rawson Properties in Somerset West, Cape Town. "Thereafter, certain expenses that are specifically mentioned in the Income Tax Act and other general expenses incurred in producing the income may be deducted." As a general rule, Van der Merwe says expenses that were incurred in improving the property cannot be deducted as these are of a capital nature. "But should they wish to sell the property one day, these expenses could be taken into account when determining any potential capital gains." Van der Merwe says the reader correctly mentions that the interest portion of his bond payment could be claimed as a deduction. "The fact that our reader and his wife choose to rent out their property and in the process have to find alternative accommodation doesn't necessarily mean that these accommodation expenses can be claimed." Sean Radue of Radue Attorneys in Port Elizabeth says the more relevant deductible expenses would be expenses directly related to the rental property. "These include commissions paid to rental agents and electricity, water and rates or levies over the period that . . .
This week the Property Poser experts assist two readers with queries relating to a homeowners' association (HOA). The first reader would like to know what percentage of owners should have to vote to change the rules of an HOA. He thinks that it should be about 70% and would like to know whether it would have been legal had this action been taken with the vote of only 10% of the owners. The second question comes from a reader who did not realise that the development he had bought into formed part of an HOA. According to Schalk van der Merwe from Rawson Properties Helderberg in Cape Town, an HOA can be an imposed restriction on a developer intending to develop land. "It's often found when a development is built on a piece of land with a shared, privately-owned open space for amenities." Van der Merwe says each owner obtains a separate title deed for his or her piece of land and there is a joint right of use of the infrastructure and common facilities. "The administration and ownership of such common facilities vests in the HOA." The association's constitution typically sets out the guidelines for the management, operation and maintenance of the common property, says Van der Merwe. "This usually includes landscaping, recreational facilities, private streets and driveways, outdoor lighting, communal structures and fences." Van der Merwe says the document will typically include the manner in which any part of the constitution may be amended, usually at a special general meeting or the annual general meeting. "Not having seen the constitution in question, we can only guess what the required number of votes would be to change the rules in this instance. But it's most unlikely that it will be as low as 10%." Van der Merwe says the reader should be able to access a copy of the constitution to check the requirements. "The voting thresholds should be clearly set out and he could quickly determine whether the ostensible amendments were . . .
A reader whose rented four-bedroom home burned down some time ago has approached the Property Poser panel for assistance regarding his rights after the fire. The tenant writes that he and his family were subsequently moved to a two-bedroom house on the undertaking that the landlord would have them back in a similar sized dwelling within three months. It seems that the landlord's intention was to build onto the house that the reader currently occupies. The problem is that 14 months have elapsed since the move with no additions or improvements to the size of the house. During this time, the reader has paid the same rental as he did for the larger dwelling. On top of this, all his family's movable possessions were destroyed in the fire, which was apparently caused by a short circuit in the wiring. He would like to know what his rights are in terms of a reduction in his rental and claiming for his lost possessions. The difficulty in assessing the situation from a legal standpoint lies in the fact that the details of the agreement between tenant and landlord have not been disclosed, says Schalk van der Merwe from Rawson Properties Helderberg in Cape Town. "The only condition that seems to have been agreed upon, that we are aware of, was increasing the size of the dwelling within the agreed time." Van der Merwe says this obviously has not taken place and the rental remained the same. "It's not clear whether the new dwelling justified a higher rental but what does seem apparent is that there could be grounds for an abatement of some amount considering the fact that the house is smaller than it should be." Van der Merwe says the lease agreement between a landlord and tenant typically addresses the rights and obligations of the parties in the event of the partial or total destruction of a rented property. "Where the property is partially destroyed and the tenant is able to continue occupancy during repairs, an abatement of rental will usually be . . .
A reader has asked the Property Poser experts for clarity regarding the rights and duties of neighbours when it comes to a boundary wall. In this instance, the vibracrete wall is in a poor state of repair, with sections falling over. The reader says he has already spent thousands of rands on repairs, while his neighbour appears completely unconcerned about the state of the wall. He questions whether there is some legislation that would be helpful in regulating the relationship between neighbours when it comes to a common wall. While there is legislation that sets out provisions for the fencing of agricultural land, there are no laws specifically pertaining to this situation, says Sean Radue of Radue Attorneys in Port Elizabeth. "But that doesn't mean that our reader is left without a remedy." Quite clearly, the easiest manner in which neighbours can regulate the upkeep of a common wall is by agreement, says Radue. "This method would spare arguments and permit years of living next door to each other without the burden of disputes about whose responsibility it is to pay for repairs." In the absence of an agreement about splitting the responsibility for a shared wall, Radue says the reader should establish on whose erf it was built. "If the wall is clearly built on one erf or the other, it would typically belong to the owner on whose erf the wall was built." Radue says in cases where it is not clear which neighbour owns the wall, because it is on the median line between the two erven, it would be jointly owned by the two neighbours. If so, says Schalk van der Merwe from Rawson Properties Helderberg in Cape Town, each neighbour would be jointly responsible for his or her portion of the maintenance and upkeep. "Where one neighbour assumes the responsibility for carrying out the repairs, and as long as these are necessary and reasonable, he or she could claim half the expenses from the neighbour." Responsibility for the upkeep of a wall . . .
Cape Town based, Michael Haupt, is one of 100 authors from around the world taking part in this event, pioneered by author and motivational speaker, Gertrude Matshe. 100 authors from around the world have come together to write 100 books in just 40 hours. Their work will be revealed in the world's first ever mass social book launch, with accompanying series of YouTube video clips. When first-time author, Michael Haupt, heard about the project, he saw it as a great opportunity to get his message out. He successfully completed his book, titled ‘Would Jesus Tweet?’ - a handbook of radical marketing strategies for difference makers, disruptors and other troublemakers. Additionally, like all participants, Michael Haupt filmed a Reality TV style interview with Gertrude Matshe, which can be viewed at http://www.youtube.com/writeabookin40hours In order to leverage the large number of authors working together on the project, marketing agency AccuraCast devised a strategy to jointly promote all the works via a first of its kind social book launch, which includes promotion of their interview footage. According to Getrude Matshe, “We’ve invented a whole new way to sell books. This is no longer about passive posters and book reviews. These authors are real people, with real experiences and real knowledge to share. YouTube video allows them to share their stories with the world, in a real, personal way” Details of the project and the participating authors can be found at http://howtowriteabookin40hours.com/ About the Author After 22 years in the corporate world serving clients including Bank of America, Barclays, BT, HSBC, Hutchison 3G, O2, Powergen, Telefonica, Telenor, TeliaSonera, Unisys and Vodafone in Australia, South Africa, Spain, Taiwan, Thailand, UK and USA, Michael Haupt spent 2 years searching high mountain villages, remote monasteries and forgotten texts on a personal mission to uncover what’s missing in marketing and business. Combining his . . .
Makes You Think facilitates the world’s first Safari based Mind Power seminar in the unique and beautiful Thornybush Game Reserve. So many Leadership training programmes are facilitated too close to the office environment, and thoughts of what’s backing up on email and in the office don’t make for a conducive learning state. So many of these programmes focus on more skill, more productivity, do more with less, that the programme becomes an added stress. How would you like to POWER yours and your teams mind, and all your and their results, to a whole different level? How does doing all this whilst on a luxury safari in South Africa, sound to you? Mind Power Safari, created by Africa’s leading Thinking Coaches Chris and Suzanne Styles, is a Mind Power Seminar unlike any other and the results are simply astonishing. As you begin to comprehend the true limitless nature of your mind and being, you’ll also be enjoying daily safaris with your coaches, rangers and trackers. During your Mind Power Safari, Chris and Suzanne Styles will help you explore why you think as you do and how to change this for the better. They’ll also teach you the strategic difference between ‘senses thinking’ and ‘faculties thinking’ [Our six higher thinking faculties are: Imagination, Intuition, Reason, Memory, Perception and Will]. Tapping into your higher mental faculties is tapping in to true mind power as that’s where your creative mental genius is to be found. On safari, you will also be made aware of four key ecological interactions: Mutualism, Commensalism, Predation and Competition and you will learn powerful thought leadership lessons around their impact on life, business and success. All this powerful knowledge on your mind, obtained in one of the most resourceful learning environments in the world, the African bush, will awaken in you what Chris and Suzanne Styles call “THE WHY” – why success in life and business really occurs – and, teach you how to deliver against THE WHY . . .
We all have that one friend who lacks any common sense especially at the braai, and Marina Sea Salt wants to hear the publics’ dumbest ways to braai. As a spoof of the popular Dumb Ways to Die, Boomtown has created the competition to find SA’s dumbest ways to braai stories. As part of a brand awareness exercise, and launched this week, the competition runs until July 31st, with the dumbest ways to braai to be featured in a Marina Sea Salt ‘ditty’ and possibly as part of its radio advertising. To add your Dumb Ways to Braai visit the Marina Braai Salt Fan Club on Facebook: https://www.facebook.com/MarinaBraaiSaltFanClub URL: https://www.facebook.com/MarinaBraaiSaltFanClub Twitter: www.twitter.com/nanson Facebook: YouTube: Author: Kimberley Nanson from Sapphire Street. Originally distributed by MyPR.co.za. No of Images Uploaded: One To gain access to One image/s please Like, Tweet or +1 this article: [l2g] Images: [/l2g] . . .
The Loyalty and Rewards Conference will highlight the most important aspects regarding loyalty programmes such as customer service, customer retention, partnerships, implementation, technology, branding and measuring programmes. The event being held on 14-15 August at Cape Sun Southern Sun, Cape Town will bring together marketing and the related field professionals under one roof to deliberate, network and gain substantial knowledge into the loyalty and rewards arena. Your attendance at this event will give you the opportunity to explore up-to-date developments in loyalty and rewards programmes. Issues to be addressed include; reasons why building customer loyalty is important; convergence in the South African loyalty market; next generation loyalty programmes; how to build customer insights; case studies of branded loyalty and rewards programmes; how Omni channel marketing influences loyalty and rewards and many more. Trade Conferences International’s Marketing Coordinator, Sian Wirth, said “Loyalty programmes are vital tools to engage and retain customers and these are essential strategies to implement that will build long term relationships.” To register contact the project manager Lisa Nathanson: email@example.com or contact TCI on: 011 803 1559. For more information about the conference, log onto www.tci-sa.co.za. Follow our twitter handle @tcisa and keep up to date with the latest conference news and details. URL: http://www.tci-sa.co.za/brochures/loyalty_reward_ct_brochure_2.pdf Twitter: www.twitter.co/tcisa Facebook: YouTube: Author: Sian Wirth from Trade Conferences International. Originally distributed by MyPR.co.za. No of Images Uploaded: One To gain access to One image/s please Like, Tweet or +1 this article: [l2g] Images: [/l2g] . . .