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Morning, my domestic worker bought an RDP house 2 years ago…

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Morning, my domestic worker bought...
Morning, my domestic worker bought an RDP house 2 years ago and I dont think the house is registered in her name. She has received a letter from the housing department addressed to the original owner to collect title deeds and they are requesting R8500 from her. Should we first get the rdp house registered in her name as would it be pointless her acquiring the title deeds if it is not in her name? Does R8500 sound correct? Thanks
Submitted: 8 years ago.Category: South Africa Law
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Answered in 3 minutes by:
7/7/2010
Lawyer: WCLawyer, Attorney replied 8 years ago
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
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1. Did she buy the house from the person who received it originally from the state or are she the person who received it directly from the state?

2. When she bought the house, was there a written agreement? If so, is she still in possession of this written agreement?
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Customer reply replied 8 years ago

Thanks for your prompt response,

 

1. She bought the house from the person who received it orginallly from the state and

 

2. She has a certified letter stating that he 'gave' it to her. ( no mention apparently of a sale).

 

 

Lawyer: WCLawyer, Attorney replied 8 years ago
On the face of that, she should be able to transfer the property into her name. There will be transfer fees involved as well as transfer duty, although I doubt it. The current owner of the house will have to work with the conveyancer to transfer the property.

There is a problem, though, in that the Housing Act forbids a person to sell or indeed, give away, an RDP house for the first eight years since the date he acquired the property. The act does not define the term 'acquire', but in my opinion it would mean the date that the property has been transfered. They may only alienate the property after offering it to the State first.

So, if the letter has been made within the first eight years of the house being transfered into the name of the current owner, then that would be illegal and that letter would have no consequence.

In that case, I suggest your domestic worker should try and get on the housing list herself (if she qualifies) or wait the eight years and then get another contract drawn up and thereafter transfer the property on her name.
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
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