move to new premises
AMC HUNTER INC is moving to new premises - 66 Lilian Ngoyi Street (formally Windermere Road). We look forward to seeing our clients at our new premises from Monday, the 6th of September 2010. Please note that our offices will be closed on Friday the 3rd of September 2010. Our telephone number will change to 031 001 1023. Our fax numbers will remain unchanged, namely 031 303 4011 and 031 303 4010.

sectional title - resolving body corporate disputes
It is often very difficult to resolve disputes between home owners in a Sectional Title complex and disputes with the Trustees of the Body Corporate. Home owners are often not happy about decisions that are taken by the trustees that affect them, and often decisions are made in contravention of the procedures laid down in the Act and the Management Rules of the Body Corporate. Trustees, especially in smaller complexes, often do not understand how decisions are supposed to be made and how to exercise their powers with the result that home owners often have good reason to complain.
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municipal rates
One of the factors that influence the decision to purchase a particular property these days is the cost of simply owning the property, such as maintenance and rates and in the case of Sectional Title, levies. Municipal Rates have increased significantly over the last few years, especially after the introduction of the Municipal Rates Act in terms of which rates are determined by the market value of a property.
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delays with the issue of rates clearance certificates
At present, it can take up to 6 weeks to obtain a rates clearance certificate from the Ethekwini Municipality with resultant delays in transfer. Application is made electronically for a rates assessment. Before figures are issues by the municipality, the application is sent through to all their various departments for clearance, such as the Real Estate Department to check that building plans are in place, consolidated billing section and the rates department.
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congratulations!
AMC Hunter Inc was the top performing conveyancing firm on the ABSA panel for the month of March 2010.
Well done Deshini!

The new Companies Act - its impact on the conclusion of agreements by companies
In terms of our current law, it is assumed that a director of a company has the necessary powers to bind that company, and an agreement signed by one director will accordingly be valid.
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The new Companies Act - will shareholder agreements still be valid?
It is customary for shareholders to conclude shareholders agreements, often at the time of the formation of the company. In many instances, it may contain provisions that are in conflict with the Articles of Association registered with CIPRO and the shareholders agreement will simply provide that the provisions of the Shareholders Agreement would override any conflicting provisions in the Articles.
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Arbitration, mediation, or court - how to resolve commission or other disputes
We are often asked for advice with regards to commission claims and claims in relation to defects to properties.

The court route is long and tedious, and it can take up to three years for a case to be finalised. Agents often walk away from legitimate claims for commission because they feel they will spend their time and money more effectively in selling more property.
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The Consumer Protection Act – How it Will Impact on You, the Estate Agent
In terms of our common law, contracting parties are all regarded as being equal, and the courts will uphold the terms of an agreement - even where such terms might work unfairly against one of the contracting parties.
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PURCHASE OF PROPERTY BY FOREIGNERS IN SOUTH AFRICA
In terms of our common law, any person with full legal capacity may enter into contracts in South Africa unhindered, and this is actually done on a daily basis - be it the foreign tourist who books accommodation or a flight, or purchases a souvenir, a car or a property, or an off-shore company wishing to conduct business in South Africa and entering into a contract for the purchase of South African goods.
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THE CONSUMER PROTECTION ACT – HOW WILL THIS AFFECT HOME OWNERS ASSOCIATIONS AND DEVELOPERS?
Developers and Home Owners Associations fall within the definition of 'suppliers' in terms of the Act and will thus, as of October 2010, be subject to the provisions of the Consumer Protection Act in terms of which various 'Fundamental Consumer Rights' have been identified.
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NON-RESIDENTS - PURCHASING PROPERTY IN SOUTH AFRICA
It is anticipated that there will be renewed interest in the purchase of property in South Africa after the World Cup. There are virtually no restrictions on the purchase of property by foreigners, although they may not borrow more than 50 percent of the purchase price from a local bank.
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NEW APPOINTMENTS AT AMC HUNTER INC
We would like to take the opportunity to thank our many clients for their loyal support during 2009 and wish you all the very best for 2010.
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TAX RELIEF FOR RESIDENTIAL PROPERTY OWNERS
SARS has introduced tax relief for home owners who own their primary residence through a trust, CC or company.
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CONSUMER PROTECTION ACT - HOME OWNERS ASSOCIATIONS BEWARE!
In terms of the Consumer Protection Act which will become law in October this year, Home Owners Associations will also be regarded as ‘suppliers’ of services and thus home owners as their consumers, can exercise their consumer rights against such HOA.
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