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I viewed rental unit with Agent & on the surface it seemed…

Customer Question
I viewed rental unit...

I viewed rental unit with Agent & on the surface it seemed ok. I insisted on inspection before signing lease but agent said I 1st hv to sign & pay b4 inspection as that is how it works so I stated under special condition on lease agreement that painting needed plus everything broken or needing repair to be fixed before I move in. Upon proper inspection with inspection agent earlier in the week, we found many issues incl damp settling in. I took photos of everything and sent to Agent who said all will be fixed but due to not feeling comfortable with everything that needs to be fixed, I've opted 2 cancel within the stipulated 5 business day cooling off period even though I have not received a signed copy of the signed agreement from the Agent.
Will I get my deposit x2 months rent and admin fee back in full?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Contacted Agent I dealt with and informed him of my decision plus sent email confirming cancellation Ito cooling off period

Lawyer's Assistant: Where is the property located?

Alberton - south of Johannesburg

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not anything I can think of now

Submitted: 4 months ago.Category: South Africa Law
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Answered in 1 day by:
3/25/2018
Lawyer: Josie-Mod,
 replied 4 months ago
Josie-Mod
Category: South Africa Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
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Customer reply replied 4 months ago
Hi Josie,
I'll wait for an answer but why do they say when you post the question that your question will be answered in a day or less?Regards, ?Natalie
Lawyer: CaseLaw, Attorney replied 4 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,712
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Why do you think that there is a 5 day cooling off period during which you are entitled to cancel the lease agreement? Is it a term of the lease?

If it is not a term of the lease, then I think that you might be getting confused with a 5 day cooling off period in respect of goods which you purchase as a result of direct marketing?

e.g. "Another interesting cancellation right to be aware of is the consumer's right to a penalty free cancellation within five days of signing a lease if the agreement was the result of direct marketing. In other words, if the agency approached the tenant directly via email campaigns, home drops, telephone calls or text messages. If this is the case, the tenant has a five day ‘cooling off period.’ "

I think that you've got an agent to blame here. You signed the lease; you're bound by the lease.

You are entitled to cancel the lease on 20 business days' notice, but the landlord is then entitled to charge a reasonable cancellation penalty - which might be the same as 2 months' rental! Especially if there is an agent involved with commission.

Basically, the agent tricked you into signing the lease without letting you satisfy yourself that you were happy with the property.

You've also got to balance that with you being reasonable. Why do you say that you're no longer comfortable with everything that needs to be fixed? Are you being reasonable in your expectations?

I think that you might need to "be happy" with the things that are getting fixed, and just accept it. Obviously as long as they do get fixed...

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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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).

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