Hi, I signed a contract in Jan to buy a piece of land in an estate in SA,Durban.It went into mora interest due to miscommunication between parties because I am abroad.I sought legal advice because I ad a paid a deposit and felt I was being scammed by my real estate agent. but the lawyer now after all 1 month claims its not her field as she can only help by me giving her power of attorney of my money and property.I feel like the agents are just trying to scam me because I am abroad.Now the developer has stated that I must put the original full purchase price along with interests for his benefit so that the mora falls away.But he has not stated this in a contract.How do I go about stating this in words in a contract?what are the papers needed for land transfer for a non resident and how long does a transfer take?Is there any legal action that I can take against this real estate agent?Also the developer claims he is entitled to the full amount R725k if the land registration fails.He demands this amount in 2 weeks.And if he cancels the contract e claims he will take away the depositR70k to recover his damages.Is this true?How can I fight back with an attorney who can deliver results as this current lawyer makes me question the validity of her LLB?
Dear clientThank you for using just answer.About the attorney! We have the law society which governs the attorneys. Contact the law society of kwazulu natal and they will help you with an attorney. Remember to ask for commercial litigation attorney. Transfers normally take on average 99 days from date on which al requirements are met.The documents are standard with various documents.The difficulty you face is in regards XXXXX XXXXX If you do not comply with the agreement you will loose your deposit. The will be found in the breach of contract clause. If you pay the full amount, how can he you be in breach? if you comply to the requirements set by the agreement then he cannot cancel and take the deposit. What ever you do do not pay the money into the agents account or the developer. The money deposit and balance into the attorneys account. At least the law society will cover you in case of theft and negligence.Interest well if you do run the risk of losing your deposit because they have initiated the breach clause and you have salvage the situation the paying of the interest is a way to save the deal. however i will suggest that you rather agree that the interest of the deposit and balance which is in a interest bearing account at the attorneys be paid to them. Does the transaction go south because for whatever reason you can still stop the conveyancing attorneys from paying the deposit and balance. The clause is quite simple. "The parties agree that the interest on the account of the the conveyancing attorney of the developer will be paid to the seller until such time as the property is transfered to the purchaser."The matter against the estate agent i will complain with the estate agency affairs board.I trust the answer is help full and please remember to accept the answer.
Hi Just one part part needed to be answered : what are all the papers required from me for the land transfer to go hrough? You can verify: signed contract Fica document- Id book copy and utility bill
Those are the documents necessary to have the documents drafted.
For the transfer to happen their is a process in short it is supported with documents
THe first documents is power of attorney signed to have the representative sign at the deeds office.
Further documents is
Sars Seller Affidavit
Income tax affidavit.
Then aan application to have the transfered duty paid and transfered.
Then need of the endorsement by the local municipality's that no rates and taxes are outstanding.
this is most of the documents depending on the type of property it may vary.
Trust this helps
BProc, LLB and MBA
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