South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I need your legal advise about the following: There is a…

Dear Lawyer I need your legal...
Dear Lawyer
I need your legal advise about the following:
There is a rental property agent who is forcing me to pay for penalties of three month rental and deposit whereas I did not sign any lease agreement with them, nor did move in to their property. I just paid for the application form and a 25% of the deposit because the application was approved by the landlord.This is what he wrote to me:
You have been approved and are expected to pay the remaining of the deposit and contract fee and should we find a replacement tenant for 1 December you will be refunded; in the meantime, you remain responsible for the rent for December 2017. You did not divulge this information in your application and another application was declined in favour of yours and subsequently marketing was stop.
Your decision will result in a loss for the owner which loss you will be responsible for. Non payment will result in you being listed on ITC which will prevent other agents approving your application.But this is what their disclaimer says:Please note that occupation will only be giving once all monies have been paid and reflected in our account, this will include the rent for December invoiced on the 25th.As requested, please see attached the rental application form, and our draft lease agreement. The draft lease agreement is attached so you can see what is in our agreements, but the agreement will be adjusted to suit the property’s specific details. Please do not provide me with a signed copy of the draft lease agreement, as it will not be the lease agreement. Please do however read through the agreement, and let me know if you have any comments with your application.Please include with the completed application form, 3 month’s bank statements, 3 month’s salary slips, ID, proof income tax number and proof of address for each applicant. Please send your application to***@******.***.To confirm, the rental for the unit is R6 995 pm and excludes electricity and refuse. The deposit amount payable will be R8 745. This will be kept in an interest-bearing trust account during your tenancy, as per clause 12 of our lease agreement.
Our rental application fee is R300 incl. VAT per applicant. This fee is non-refundable. 25% of the deposit of R2 186.25 is payable immediately after the application is submitted. This amount is refundable if your application is not accepted. If your application is accepted, the holding deposit will form part of your full deposit for the property, and the remainder of the deposit of R6 558.75 will be payable.
Once your application is accepted, the contract fee of R300 incl. VAT will be payable with the remainder of deposit, within 2 business days after acceptance of your application. The lease agreement will then be drawn up and send to the owner for acceptance. It will then be submitted to you for acceptance. Once both parties are happy with the terms of the agreement, we will set up an appointment for signature.
Please do not hesitate to contact me should you have any further questions.
Regards,I refused to sign the Lease and I have not moved in.Please help with legal advice as to what to do.Kind regards
Fabrice
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 3 hours by:
11/21/2017
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,818
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Ask Your Own South Africa Law Question

OK, well, clearly from the agent's own explanation and disclaimer, there is no contract or agreement reached yet. The fact that you applied and was approved does not make a binding contract.

The agent says: "Once both parties are happy with the terms of the agreement, we will set up an appointment for signature."

This clearly states that both parties are NOT YET happy with the terms of the agreement, and consequently there can be no "meeting of the minds" which would entitle the agent or the landlord to hold you to any agreement. No agreement has been reached as yet.

You should demand repayment of your deposit immediately, and inform the agent that should they cause any damage to your good name and creditworthiness by listing you with any credit bureau you will report them to the national credit regulator, the estate agencies affairs board, the consumer commission and you will sue them for damages.

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 questions here on this topic at no extra cost if you need more information.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,818
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Hi Freddie,
Thank you so much.
What should I say when the agent claims that because of me, the Landlord is suffering a loss of rental income because another application was declined in favour of mine which application I signed?
I believe that until a contract is signed, they are not supposed to stop looking for tenant. What's more, I did not even move in their house.You acted Mala Fide, not in good faith when you did not provide information that could have impacted on your approval. We will hold you to making payments as per the statement received.Would you have cancelled if the nanny could reside with you? This is the only reason you want to cancel your application. If the information was provided your application would not have been processed and we would not have this situation and have placed the other applicant.

You are not cancelling your application.

You are just not accepting the lease agreement. The agent cannot claim that the landlord suffered damages because of you. Like I said initially, according to the agent's own disclaimer, there is no agreement to lease yet, and until you and the landlord signed the contract (according to the agent's own disclaimer) he should not have stopped marketing the property.

Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

Ask Your Own South Africa Law Question
Customer reply replied 8 months ago
Hi Freddie
Do you offer legal assistance and what is the cost because this agency sent me a "friendly reminder to make payment"?Below is our communications of today:Dear FabriceThis is a friendly reminder that an amount of R6,858.75 for Silversands 10 is past due on your account. If this was an oversight, please send your payment immediately in order to avoid any late charges. Remember that all payments must be received by our office by the due date. Thank you for your prompt attention in this matter.Feel free to contact us with any questions or concerns.For your convenience, please find the account details below:Bank name: ABSA
Account number:(###) ###-####Branch code: 632005
Account type: Current
Reference number: AAL778Linprop
Fabrice Akoma <*****@******.***>
14:14 (2 minutes ago)
to admin, Jacques, Blondie
Dear Linprop and JacquesI am asking you to stop sending me any further email or illigal invoices by email or any other way.Clearly from your agent's own explanation and legal disclaimer on the application form and email, there was no contract or agreement reached yet. The fact that I applied and was approved by your client (Flat owner) does not make a binding contract as far as the law in South Africa is concerned.The agent (Jacques Botha) clearly wrote on his email: "Once both parties are happy with the terms of the agreement, we will set up an appointment for signature." And none of these terms (Lease agreement) were accepted by me, nor did I sign any lease agreement or moved in any of your properties advertised by your company.Your own policy and process explained in the the above quote, clearly states that both parties are to be happy with the terms of the agreement, which was not the case, and consequently there can be no "meeting of the minds" which would entitle the Linprop, the agent or the landlord to hold me to any agreement.Regarding the argument of Jacques who said that "because of me, the Landlord is suffering a loss of rental income because another application was declined in favour of mine which application I completed", the laws in the republic of South Africa give me the right to reject or to accept any lease agreement that I am not happy with. You cannot force me by law to be bound by any contract I have not signed. You cannot therefore claim that the landlord suffered damages because of me because, until the landlord and myself have signed the contract (according to the agent's own explanations and the form) Linprop should not have stopped marketing the property and is not permitted by law to bind me or to ask me to pay anything.I therefore demand repayment of my 25% deposit immediately, while I inform you that should Linprop or any party involved in this matter cause any damage to my good name and creditworthiness by listing me with any credit bureau, I will report you to the national credit regulator, the estate agencies affairs board, the consumer commission and I will sue you for damages.I have already been negatively affected emotionally by your illegal threatening emails ans the SMS I have received today.Regards
Customer reply replied 8 months ago
Hi Freddie
Do you offer legal assistance and what is the cost because this agency sent me a "friendly reminder to make payment"?Below is our communications of today:Dear FabriceThis is a friendly reminder that an amount of R6,858.75 for Silversands 10 is past due on your account. If this was an oversight, please send your payment immediately in order to avoid any late charges. Remember that all payments must be received by our office by the due date. Thank you for your prompt attention in this matter.Feel free to contact us with any questions or concerns.For your convenience, please find the account details below:Bank name: ABSA
Account number:(###) ###-####Branch code: 632005
Account type: Current
Reference number: AAL778
----------------------------------
Dear JacquesI am asking you to stop sending me any further email or illigal invoices by email or any other way.Clearly from your agent's own explanation and legal disclaimer on the application form and email, there was no contract or agreement reached yet. The fact that I applied and was approved by your client (Flat owner) does not make a binding contract as far as the law in South Africa is concerned.The agent (Jacques Botha) clearly wrote on his email: "Once both parties are happy with the terms of the agreement, we will set up an appointment for signature." And none of these terms (Lease agreement) were accepted by me, nor did I sign any lease agreement or moved in any of your properties advertised by your company.Your own policy and process explained in the the above quote, clearly states that both parties are to be happy with the terms of the agreement, which was not the case, and consequently there can be no "meeting of the minds" which would entitle the Linprop, the agent or the landlord to hold me to any agreement.Regarding the argument of Jacques who said that "because of me, the Landlord is suffering a loss of rental income because another application was declined in favour of mine which application I completed", the laws in the republic of South Africa give me the right to reject or to accept any lease agreement that I am not happy with. You cannot force me by law to be bound by any contract I have not signed. You cannot therefore claim that the landlord suffered damages because of me because, until the landlord and myself have signed the contract (according to the agent's own explanations and the form) Linprop should not have stopped marketing the property and is not permitted by law to bind me or to ask me to pay anything.I therefore demand repayment of my 25% deposit immediately, while I inform you that should Linprop or any party involved in this matter cause any damage to my good name and creditworthiness by listing me with any credit bureau, I will report you to the national credit regulator, the estate agencies affairs board, the consumer commission and I will sue you for damages.I have already been negatively affected emotionally by your illegal threatening emails ans the SMS I have received today.Regards
Customer reply replied 8 months ago
Hi Freddie
Do you offer legal assistance and what is the cost because this agency sent me a "friendly reminder to make payment"?Below is my communication of today:
----------------------------------
Dear JacquesI am asking you to stop sending me any further email or illigal invoices by email or any other way.Clearly from your agent's own explanation and legal disclaimer on the application form and email, there was no contract or agreement reached yet. The fact that I applied and was approved by your client (Flat owner) does not make a binding contract as far as the law in South Africa is concerned.The agent (Jacques Botha) clearly wrote on his email: "Once both parties are happy with the terms of the agreement, we will set up an appointment for signature." And none of these terms (Lease agreement) were accepted by me, nor did I sign any lease agreement or moved in any of your properties advertised by your company.Your own policy and process explained in the the above quote, clearly states that both parties are to be happy with the terms of the agreement, which was not the case, and consequently there can be no "meeting of the minds" which would entitle the Linprop, the agent or the landlord to hold me to any agreement.Regarding the argument of Jacques who said that "because of me, the Landlord is suffering a loss of rental income because another application was declined in favour of mine which application I completed", the laws in the republic of South Africa give me the right to reject or to accept any lease agreement that I am not happy with. You cannot force me by law to be bound by any contract I have not signed. You cannot therefore claim that the landlord suffered damages because of me because, until the landlord and myself have signed the contract (according to the agent's own explanations and the form) Linprop should not have stopped marketing the property and is not permitted by law to bind me or to ask me to pay anything.I therefore demand repayment of my 25% deposit immediately, while I inform you that should Linprop or any party involved in this matter cause any damage to my good name and creditworthiness by listing me with any credit bureau, I will report you to the national credit regulator, the estate agencies affairs board, the consumer commission and I will sue you for damages.I have already been negatively affected emotionally by your illegal threatening emails ans the SMS I have received today.Regards

Good day Fabrice,

Yes, we do offer legal services, however, you should consider getting an attorney closer to you to assist you. We are situated in the Western Cape, and it would appear as if you are in Gauteng.

You can find an attorney at www.attorneys.co.za

Regards

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,818
2,818 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,818 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
As a rental agent I did rent to the 3rd tenant sharing with
As a rental agent I did rent to the 3rd tenant sharing with two other roommates, 1st August 2016. The roommates had a contract but not the 3rd tenant. She did complete application forms etc. Paid a de… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Please would you be so kind as to look at the attached lease
Hi, Please would you be so kind as to look at the attached lease and read the comments below from my so-called landlord. There are a number of issues regarding the property. 1) It was advertised as pe… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,818 satisfied customers
If I have a mandate from a owner to rent out a property and
If I have a mandate from a owner to rent out a property and I have a signed lease agreement with the tenant, which states that the owner and the tenant cannot sign a lease agreement directly with one … read more
JJ
JJ
Master\u0027s Degree
4,502 satisfied customers
Dear Sir(s) I need legal advice, because my lawyer, Im
Dear Sir(s) I need legal advice, because my lawyer, I'm not so sure he is in my best interest anymore. My ex, Sascha, won a court case against me and now I must pay the sum of +-R300 000. I gave all o… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Dear JJ, I have been renting a house for R4,800.00 since
Dear JJ, I have been renting a house for R4,800.00 since 1st December 2012, I signed an agreement to renew it after 12 Months, on the 28th April 2013 the owner sent me a notice that the rent would go … read more
JJ
JJ
Master\u0027s Degree
4,502 satisfied customers
Good Day I need advice as to SARS and the vat on the sale
Good Day I need advice as to SARS and the vat on the sale of a business. I sold a business called de oude werf guest house. The sale had 2 dokuments drawn up from the seller attorney. One for the prop… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Hi, I, as the lessor, have a lease with my tenants stating: The
Hi, I, as the lessor, have a lease with my tenants stating: The rent shall be paid monthly in advance by direct bank transfer, free of any deductions or bank charges, on the firstday of each month, to… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
What is the intrest to be paid on a holding deposit of
Hi what is the intrest to be paid on a holding deposit of R22230.00 since 16 Feb 2009 to 31 December 2012. Thank you Karen… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
I got a quote for my daughters wedding. Paid deposit. Paid
I got a quote for my daughter's wedding. Paid deposit. Paid the outstanding amount. Then got an invoice that adds 14% VAT to the original price. When I enquired, I was told that, at the bottom of the … read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
Hi have been renting a property from a landlord for the passed
Hi have been renting a property from a landlord for the passed 6 months, Before moving in we did an inspection of the property. A list of the problems was given to the landlord who promised to get the… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Our business has been in a long term building rental agreement
Our business has been in a long term building rental agreement for the factory we are occupying . The lease commenced in February 2003.At that time we exercised our option to extend the rental agreeme… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I have a lease agreement with STANNIC - My invoice from McCarthy
I have a lease agreement with STANNIC - My invoice from McCarthy Toyota reflects an amount for VAT. The bank have raised another VAT implication on the total loan amount- How can I pay VAT twice on th… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
I had a lease agreement from 1 June 2011 to 30 June 2012 -
I had a lease agreement from 1 June 2011 to 30 June 2012 - 13 months, I got a call from the agent in the last week of April reminding me that my lease agreement is due to end, and I immediately starte… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
Hi please can I have your assistance I signed a reservation
Hi please can I have your assistance I signed a reservation form for a property offshore in the UK which I decided to withdraw from. Included within the Reservation was a Buyer's Agent fee "2.5% of th… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Dear Sir, I have been a real estate agent for the past 23
Dear Sir, I have been a real estate agent for the past 23 years. I sold an apartment to a Mrs Purcell that bought the property as an investment. I intruduce her to a tenant, without any commission pay… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
I am a tenant of a dwelling. My rent and municipal accounts
I am a tenant of a dwelling. My rent and municipal accounts are paid up to date and I paid a dubbel deposit. I have now given two months notice and requested that the deposit be utilised for the remai… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I signed a rental agreement for 2 years. At the end of the
I signed a rental agreement for 2 years. At the end of the 3rd month I gave a month's notice and moved out end of April 2010. There is a new tenant that moved in just after I moved out, but my landlad… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I am looking to sell a property ,housed in a cc for R10 m.The
I am looking to sell a property ,housed in a cc for R10 m.The buyer,another cc ,is unable to raize the capital so the sale is strustured as such,R4 m deposit and the balance to be paid over 5 months b… read more
JP
JP
Bachelor
590 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x