Our Services
Legal solutions that make
business sense to you
PROPERTY & REAL ESTATE
We provide innovative legal solutions to SA-REITS funds, listed funds and property owners. Amongst our clients are Attacq Ltd, Growthpoint Properties Limited, Tsogo Sun Casinos and Vukile Property Fund Ltd to name a few.
Legislation has changed dramatically over the past decade and has had an adverse or in some instances challenging effect on the property market with the introduction of laws such as the Prevention of Illegal Eviction and Unlawful Occupation Act, the Consumer Protection Act (“CPA”), the new Companies Act (Business Rescue Chapter 6) and the Labour Relations Act.
Implementation of valuations and rate bills from Local Council and disputes regarding utilities and rates and taxes. The evolving relevant case law, including the limitation of the operation of Ubuntu in contract law, which includes lease agreements whilst keeping up with other principles of fairness such as good faith and obligations to negotiate in the case of lease renewals.
CPA risks as it unfolds in private property, which is open to the general public such as shopping centres, makes for interesting questions regarding risk, indemnities and service provider liability. Co-marketing of products and services on platforms containing the property owner’s logo may bear certain risks. How far may a property owner assist an independent security service provider in his/her duties before creating obligations for itself? Is the branding of independent security personnel uniforms by the property owners still advisable?
The firm provides legal assistance to client’s in the commercial, retail, residential and industrial industries.
The energy crisis in South Africa made for innovative solutions that had to be documented in agreements between the relevant parties and we identified that the innovation of any solution should be reflected in the wording of contracts in order to properly implement such solutions to the benefit of all. The aforegoing includes specialised service level agreements such as alternative energy agreements. With the current threat to other Local Authority services such as water, sewerage and refuse disposal available to property developers and landlords it makes for further innovation.
The effect of business rescue and liquidations of contractors performing developments, which is on the increase, had us revisit the JBCC building contracts with provisions aimed to protect the employer (developer) under these circumstances.
We are also well versed on exclusivity provisions in lease agreements for national grocery tenants as dictated and agreed with the Competition Commission, most of the provisions which will not be enforceable by 31 December 2026 creating redevelopment opportunities for landlords. Therefore, a review of relocation and rebuilding provisions in any retail lease agreement might be necessary to avoid delays when redevelopment opportunities arise.
COMMERCIAL AGREEMENTS
We have serviced our clients’ unique commercial needs in various capacities through drafting, reviewing and providing advice on specialised commercial agreements whilst drawing from our many years of experience. We cater to our client’s needs whilst ensuring that their rights are adequately protected in a manner which fosters consensus and deal making between the contracting parties.
Such agreements include Sale of Shares Agreements, Shareholders Agreements, Memorandums of Incorporation, Lease Agreements, Property Development Agreements, Co-owner Agreements, Building and Construction Agreements including JBCC Series Agreements, specialised Solar Agreements and Electrical and Alternative Power Agreements to name a few.
We have also branched out into more new and exciting fields of Property Law Development such as assisting with drafting and advising on Property Development Agreements which entail the establishment, operation and management of healthcare facilities and medical dispensaries in order to ensure such facilities are compliant. We have also attended to drafting Consultancy Agreements which regulate the relationship between such healthcare facilities and its service providers and experts.
INSOLVENCY AND BUSINESS RESCUE
The Companies Act 71 of 2008 establishes an alternative to liquidation being business rescue under Chapter 6 thereof which process has become popular under financially distressed retail tenants in that it allows them the opportunity to save their business and select to continue trading from viable lease premises whilst terminating lease agreements in premises where trading is not viable.
Business rescue places a temporary moratorium on any legal proceedings against a distressed tenant and simultaneously places the tenant’s business operations in the hands of a business rescue practitioner with the aim to ensure the survival of the entity and/ or the sale thereof as a going concern to the benefit of interested parties such as creditors and employees.
We are able to provide clients with advice in relation to the entire process of business rescue, liquidation, sequestration and rehabilitation and the impact thereof on on-going obligations resulting from lease and other agreements.
In our view, the business rescue practitioner needs to be closely monitored and where necessary kept to the relevant time limits to avoid prejudice to the landlords.
LABOUR & EMPLOYMENT
Strike and picketing rules in a retail environment may embark on the rights of the landlord and other tenants. The LRA enables a landlord to participate in the establishment of picketing rules. Awareness and obligations of tenants as employers can be confirmed in lease agreements which requires an innovative and proactive approach.
ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION
The firm recognises the importance of alternative dispute resolutions in an environment where the availability of Civil Courts is strained with case load. Up to date Arbitration provisions are therefore necessary as part of any lease whilst protecting the landlord’s right to perfect its hypothec.
CONVEYANCING
Our firm has its own conveyancer but also has a long-standing relationship with Claassen Attorneys (Cape Town) who attends to all our conveyancing and notarial requirements.
PRO BONO
The firm provides legal assistance to the public pro bono (“for the public good”) an annual basis in terms of the directives of the Legal Practice Council of South Africa and recognizes the need therefore in a society where the gap between rich and poor is the greatest in the World.
Leading Property Law Firm with Expertise in Development and Landlord/Tenant Matters – We offer tailored legal solutions, combining industry knowledge with practical experience to meet the needs of our diverse clients.
© Gideon Pretorius 2024 | All Rights Reserved | Powered by themediagenius.com