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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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Hi, What recourse do I have against the attorneys that have

Resolved Question:

Hi, What recourse do I have against the attorney's that have registered my new property? Registration took 5 months as they tried to lodge 3 times with a building clause included on a built house, they have admitted that they have lost the lease agreement and the proof of payments as well as transfer fees and deposit money that they were instructed to invest has not been invested and they told me was allocated to the wrong place. It took 2 months to get new clearance certificates. They charged me for application of fees from the Erkuleni and the home owners as well as to remove the building clause R1500.00. I can never get hold of them and they can take up to 3 days to get back to me via email.
Submitted: 5 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 5 years ago.
Good day.

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

Is the property now registered?
Customer: replied 5 years ago.
yes it was finally registered on the 8th may after the initial lodgement on the 27th January which was rejected.
Expert:  WCLawyer replied 5 years ago.
Basically, your only claim is for damages that you have suffered due to their unprofessional conduct. This would include the excess cost of the transfer process and if you had to pay occupational rent, you would probably be able to include an amount of that as well.

You would, however, have to issue summons against them in the Magistrates or High Court, depending on what the amount of your claim is and for that, you need a different set of attorneys, unfortunately.

You can also lay a complaint at the Provincial Law Society in which the operate, however, they are not a court and cannot order the attorney to pay you your damages. They can only fine the attorney if they find that there was unprofessional conduct on their side.
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