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If I was to sell my house to someone for a spiffed amount…

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If I was to sell...
If I was to sell my house to someone for a spiffed amount but to aid the buyer to get a 100% loan
The buyer offered a amount more than the prise agreed upon to present to the bank.
A second contract would cancel the additional amount of asking price, what sort of problem can that course, and what type of fines can you expect it things go wrong.
With Thanks
Dimmie
Submitted: 6 years ago.Category: South Africa Law
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Answered in 2 minutes by:
3/26/2012
Lawyer: WCLawyer, Attorney replied 6 years ago
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
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Good day.

This is an info request to assist you better. Please continue on this thread.

Apologies, the scheme is a bit unclear. Can you explain with more clarity please?

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Customer reply replied 6 years ago

Kan jy Afrikaans verstaan en watter addionele informasie het jy nodig

Lawyer: WCLawyer, Attorney replied 6 years ago

Ek is Afrikaans magtig.

Ek is net nie seker van hoe die transaksie in mekaar steek nie en wil net graag hê jy moet in meer detail verduidelik.

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Customer reply replied 6 years ago
Ek wil die huis verkoop vir R1 400 000.00 maar die koper wil he ons moet 'n aanbod teken vir R1 600 000.00, waarvan R200 000.00 sal wys as 'n deposito wat binne dertig dae aan ons betaalbaar is. . Hy wil he ons moet 'n tweede kontrak teken en die deposito verminder na R10 000.00 instede van R190 000.00. Ons wil weet wat die strawe sou wees indien die bank sou agterkom dan so 'n ongeruimde kontrak aangegaan word.
Lawyer: WCLawyer, Attorney replied 6 years ago
jy verkoop die huis vir R 1,6 en hy betaal jou R 1,6 en jy betaal hom R 190 000 terug?
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Customer reply replied 6 years ago

Eintlik betaal ons hom R200 000.00 terug ons kry dus ons R1 400 000.00 wat ons verkoopprys was Hy kan dan kwalifeer vir 'n volle banklening

Lawyer: WCLawyer, Attorney replied 6 years ago
Okay, so hy kwalifiseer nie vir 100% lening nie. Julle lig die koopprys en gee vir hom die omtrent 20% deposito wat hy nodig het om te kwalifiseer vir 'n 80% lening?
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Customer reply replied 6 years ago
Dit is so maar in werklikheid is daar geen kontant wat gewissel word nie, maar slegs op papier. Die vraag is kan ons aangekla word vir bedrog met so 'n tipe transaksie. Indien wel vonisse praat ons van bv boetes of wat
Customer reply replied 6 years ago
Ek verstaan nie watter informasie nog nodig is nie
Lawyer: WCLawyer, Attorney replied 6 years ago

Ek vra om verskoning vir die wag.

Streng gesproke kan dit nie bedrog wees nie, want die bank word nie benadeel nie. Hulle word slegs benadeel indien die persoon hulle nie kan terugbetaal nie. Ek kan geen aanduiding kry dat dit onwettig is, maar ek stel voor julle spreek die oordragprokureur hieroor omdat dit belastingkomplikasies kan inhou. Om een koopkontrak vir die bank voor te hou en dan 'n ander een aan die oordragprokureur te gee gaan nie werk nie. Dit sal bloot nie aanvaar word nie.

Die kontrak wat julle gaan sluit vir R 1,6 miljoen is die kontrak wat gebruik gaan word vir die oordrag. Met ander woorde, julle gaan hereregte en oordragkostes betaal op R 1,6 miljoen, nie op R 1,4 miljoen nie. Die verbandregistrasiekoste gaan ook meer wees op R 1,6 miljoen as op R 1,4 miljoen.

Die R 200 000 wat jy aan hom terug gee (op papier of nie) kan gesien word as 'n donasie. Daarop gaan jy skenkingsbelasting betaal, wat die transaksie op die ou end heelwat duurder kan maak as wat dit is. Onthou dat, in terme van die kontrak, R 1,6 miljoen na jou toe moet kom, waarmee jy jou huidige verband moet aflos. Die res van daai geld is joune om te maak waarmee jy wil en as jy R 200 000 terug gee vir die koper, dan is dit 'n skenking, al gebeur dit slegs op papier.

Die tweede kontrak wat julle gaan sluit gaan net bindend wees tussen die twee van julle en SARS gaan dit ignoreer en so ook die bank. Met ander woorde, waar dit saak maak, gaan die eerste kontrak in berekening gebring word.

So, om tot die slotsom te kom is dit nie soseer onwettig om die prys van die eiendom te lig en dan slegs 'n gedeelte daarvan te eis nie, maar dit gaan vir jou en vir die koper redelik belasting implikasies inhou.

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