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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2592
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Please assist with a property sale gone wrong. The transfer

Customer Question

Hi,
Please assist with a property sale gone wrong. The transfer attorney messed up the documents causing the documents to be rejected at the deeds office. They state that I did not obtain proper Guarantee as my dad was a third applicant on the transfer and he did not sign the offer to purchase. The transfer attorney was aware that he was on the Guarantee, however he did not advise us to amend the offer to purchase in order for him to be added onto the transfer documents. Transfer attorney was awaiting rates clearances and advised that we could move into the property as that was the last requirement in order for documents to be lodged. Documents were rejected at deeds office, he then advised that I need to request that the bank amend and add my dad to a surety, this was rejected by the bank and a month later the bank removed my dad off of the application and amended guarantee to just my husband and I. Now I receive letters to state that the sale is canceled due to me not providing a proper guarantee and not having it secured for registration within 14days. This has cost me R35 000 as well as costs involved in me moving into the the proper. The stress from having the sellers change plumbing and electrical as well as removing items that were verbally agreed on and put in writing of a copy was retained by them. The sale was concluded in May 2015, they only appointed an attorney in July, he only contacted us to sign documents in September 2015, we paid him in the first week in September, he then only applied for clearances in October 2015. I honestly feel hopeless as I have been played out of this sale as the sellers wanted to cancel a month after the bond was granted and once the bank had sent through the evaluator. We used an off the shelf offer to purchase, no conveyancer was used to draw up sales agreement.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Good evening,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

I am not sure I understand all the terminology you are using. From what I can understand, you and your husband purchased a property. I am not sure what your father's involvement was.

It seems like the transfer attorney and the bond attorney did not communicate with each other properly. I really cannot understand how the matter could have gone all the way to being lodged in the deeds office with a bond attorney drawing a bond with an extra party on the documents to the transfer documents.

It also sounds to me like the bond application was subsequently changed to only reflect you and your husband. In other words, the documents should all be correct now? Unless the transfer attorney made some other errors as well? I am not sure what the situation is?

It is so that, in the event that the guarantees were not delivered in time, the seller might have the right to cancel the agreement, but in this case, he opted to proceed with the transaction, possibly while under the impression that the guarantee was correct. As I said, I cannot understand how the transfer attorney and bond attorney did not communicate - in fact, the transfer attorney had to ask for guarantees from the bond attorney in a form that is acceptable to the transfer attorney. By proceeding to draw up the transfer documents and lodging them in the deeds office h/she clearly accepted the guarantees. The transfer attorney acts for the seller and thus by extension the seller accepted the guarantees. The seller really cannot now say that the guarantees were unacceptable.

This sounds like a matter that the transfer attorney messed up, and now wants to shy away from taking responsibility.

I suggest that you get an attorney in your area to assist you to write a letter to the transfer attorney and demand that the transfer be registered in the deeds office as soon as possible and that the transfer attorney must take all the necessary steps to ensure that transfer takes place.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Expert:  Freddie Lombard replied 1 year ago.

Good morning,

This is just a quick note to follow up. Did you find my answer helpful? Is there anything else I can assist you with before you rate the service? Please note that I do not get paid if you do not rate.

Regards