About Me

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I am a qualified Attorney. I specialise in Property Law, Commercial Law, Corporate Law and Trusts.
 
Please visit our website at www.prop-law.co.za for more details.
 
I am an elected Committee Member of the Property Committee of the Association of Pretoria Attorneys and through my involvement, I like to ensure that I am constantly at the "sharp-end" of Conveyancing Practice.

I am the elected Chairman on the Gauteng Council of SAPOA. The South African Property Owners Association (SAPOA) is the biggest and most influential institution in the property industry. SAPOA members control about 90% of commercial property in SA, with a combined portfolio in excess of R150 Billion (about $22 Billion). I am also on the National Council and the National Legal Committee of SAPOA.
 
Member of the Institute of Directors South Africa and Member of the Sirdar Governance Panel.

11 June 2008

PHANTOM SLUMP??

In a follow-up to my previous post, it is interesting that the “whistle blower” (Maurice Levin) who released the Lew Geffen memo to the public has been fired. He states that:
“Mr Geffen terminated my contract on the simple grounds that he did not authorize the release of the memorandum content to the media. It is a sad day when an until-now respected property veteran with forty years of experience is wholly comfortable telling his staff that he predicts the residential property market will plummet 40% in the next year, but not the media community serving the ordinary man in the street. “

There is no doubt that a genuine “whistle blower” performs a valuable, noble and righteous task when he reveals criminality (fraud, corruption, etc.) or unethical behavior within his organisation, however, I don’t believe that revealing your employer’s market assessment and strategy serves the same lofty ideals.

My skepticism is shared by “CJ” in a comment to the above story when he says:
“8 Stories on Realestateweb alone in 7 days - an honest agent telling you how it is and the main people who will benefit are Sotheby's clients, both buyers and sellers. Lew I salute you. Someone had to knock some sense into this market. The only . .more mistake was firing the PR guy ... or is that also part of the story to make it run longer ? I suggest keeping him on a retainer and then wait until the market falls another 10% and hire him back with a big public apology and fat bonus.”

Another agency has also come out and publically opposed the sentiments expressed by Lew Geffen.

HOWEVER … in the most bizarre aspect of the whole thing, Lew Geffen’s own son (Saul Geffen) has also distanced himself from his father’s memo.

For a completely opposite view of the Property Market in SA, there is an article dealing with listed property. The point of the article is encapsulated in the following extract:
The perception at the moment is that the property market is in free-fall. This perception would seem to be backed up by the fact that The JSE's property index - which tracks the performance of various listed property stocks - has fallen by 32% over the past seven months. Listed property prices are down to levels last seen in December 2005. The sector tends to be more volatile than its unlisted counterpart; trades take seconds to effect, so investor sentiment can make itself felt very quickly.
When directors buy stock in their own company, fund or loan stock, it sends a positive signal to the market.One director who has been buying is Paul Theodosiou of Acucap (JSE:ACP) who has bought stock worth R1,7m in 2008.
Theodosiou says he thinks the market has been sold off too fiercely, and that the physical property fundamentals have not deteriorated as much as the stock prices suggest.
Theodosiou says he thinks the market has been sold off too fiercely, and that the physical property fundamentals have not deteriorated as much as the stock prices suggest.
"We've been monitoring it monthly and there have been no obvious signs of stress," notes Theodosiou. He says that it's possible to buy property stocks with forward yields of 10,5%. "It's an equivalent yield to cash, but you get the opportunity for capital growth and revenue growth."


Gareth Shepperson

PROPERTY MARKET SLUMP????

What exactly is the state of the Property Market in South Africa?

Well, when assessing the health of any sector, you need to see what the people on the “frontline” have to say about it. Estate Agents are surely the vanguard of all others involved in the Property Market since they are the individuals who are out there on a daily basis initiating the deals that banks, investors and conveyancers usually only see after the deal has already been concluded.

It is therefore very insightful to read the internal memo by Lew Geffen that was leaked to the public. This memo is indeed a prophecy of doom wherein it is suggested that the property market is already down 15% and is likely to fall another 25% (i.e. a total fall of 40%) from the highs of last year.

On the opposite side of the spectrum is Dr Andrew Golding (CE of the Pam Golding Property Group). He has said in a post on Realestateweb that “While there are a range of factors at play which are currently affecting the residential property market in South Africa there is no need for widespread panic. These include global economic factors, national and political issues, a less positive sentiment, interest rates and the National Credit Act.

He goes on to say that "There is much speculation in regard to the current situation in the residential property market, and unfortunately generalisations being bandied about in the marketplace in regard to house prices are dangerous. The fact is it's not a 'one size fits all' scenario and there is no question that sales volumes have declined by some 20-30 percent year on year with an inevitable impact on house prices. However, the residential property market is sufficiently robust to deal with the changing dynamics and will continue to provide a reliable mechanism for the buying and selling of properties, albeit at lower volumes. Prices will adjust in line with supply and demand but fundamentally there are still valid reasons for residential homes to trade and there is certainly no need for panic selling, in fact quite the contrary.

It is interesting to note that others are also not sure.

If the Estate Agents are conflicted, then surely no one else can accurately assess the current state of the market. We are clearly in a downturn but the depth of it is unknown. All I can say is that the market always goes in cycles and that therefore if we are in a downturn then it is only a matter of time before it turns and I therefore agree with Dr Golding that it is definitely NOT time for panic selling.


The “not quite” Denny Crane
a.k.a. Gareth Shepperson

16 May 2008

NAKED WOMEN (in Law) and WHERE I LEFT MY PANTS

NAKED WOMEN (IN LAW) AND WHERE I LEFT MY PANTS


It is obvious that the reasons why people BLOG are as wide and varied as the personalities of the people involved.

The mere fact that a BLOG falls into a specific genre is no indication that the author has a common purpose with others of that genre. In the field of so-called BLAWGS (i.e. Law Blogs) there is certainly no commonality of purpose. In this post, I will explore some motivations and try and find my own place in the “blogosphere”.

I really hope that my heading grabbed your attention and that as a result, thousands will read this post. Just so you can see that it was not a total deception, here are the links to Naked Woman in Law and Where I left my pants. WARNING: The content is rather tame but you should refine your search technique if you were looking for “hardcore stuff”.

ACADEMICS
Certain Blawgs are posted by serious academics and their purpose appears solely to “publish”. In other words, due to their supposed “expertise” in any given field, they would like to have their opinion circulated. This is not so strange because academics have always sought to be published as much as possible and have sought out every news rag, journal or other forum conceivable.

SELF PROMOTION
Other Blawgs are posted by lawyers seeking to shamelessly self-promote their businesses. I had a go at this (see post entitled “Immigrate” on 29 April). This proved to be very ineffective. No comments were posted. I can only assume that this is as a result of one of the following:
1. It was written in a typical lawyer’s formalistic style (i.e. it was boring).
2. Those who did read it were not part of the “target market” (i.e. business owners seeking to immigrate).
3. Not enough people read it or passed it on to friends.
4. All of the above!!!!!!!!

EXPERTS IN THEIR FIELD
Further Blawgs are published by lawyers seeking to establish themselves as an expert in a given field. Writing the Blawg not only ensures that they build up a library of articles that may be used as proof of their credibility but also ensures that they continue to research their particular field (looking for material) and thereby ensure that they remain current. The style of these Blawgs may range from the very formal to the very informal. On the formal side, I have recently come across by namesake in the UK and have read some of her blog posts. At the extreme of informality, I am intrigued by the style adopted by, for example GeekLawyer in postings such as “Stupid Cunts”. It’s a brave new world out there in the blogosphere. However, such blatant disregard probably needs to be tempered if you don’t want to run foul of the law.

LEGAL PUBLICATIONS
Yet other Blawgs are published by legal publications, presumably in the expectation of attaining a wider circulation. The most comprehensive that I have found is the Wall Street Journal: Law Blog. The most interesting post so far (from a South African) is the compensation claim against US interests as a result of Apartheid.

MY BLOG
Thanks to BRUCE, who confirmed in no uncertain terms that my Blog is boring. I will try and make it more entertaining but no-one should expect me to become the next GeekLawyer. Instead, I hope that readers will find my BLOG (Blawg) slightly entertaining and extremely informative [mostly about Property (Law) in South Africa]. It should be more direct than the general info contained on my website and far less formal.


Apprentice to Denny Crane
a.k.a. Gareth Shepperson