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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
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Answered in 3 hours by:
11/21/2017
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,737
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: 2,737
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
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Customer reply replied 3 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 3 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 3 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 3 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

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Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,737
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Experience: Practicing attorney and conveyancer with 16 years post article experience.

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