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I have a few questions about real estate law and the estate…

Hi. I have a...

Hi. I have a few questions about real estate law and the estate agency board

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

We did consult with an attorney and had summons drawn up after 4 months, but only then did the attorney tell us that the process could take 2-3 years

Lawyer's Assistant: Where is the property located?

Limpopo

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

Hoedspruit

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Customer reply replied 9 days ago
The basic gist is that my wife and I bought a vacant stand in a wildlife estate, and then my brother bought a vacant stand in front. The idea was to build together. Once we received title and got the land survey done, we discovered that my brother ended up with the stand we thought we were getting, and we ended up with the one behind. The boundaries the agents showed us were completely wrong. We met with the principle of their firm, a conversation that we recorded, and he repeatedly admitted to “f’ing up”, but he’s not willing to reimburse us for all our costs to date
Customer reply replied 9 days ago
It was also clear in that conversation that he still didn’t know what the real property boundaries are for either property
Customer reply replied 9 days ago
We didn’t build since it wasn’t the property we wanted, and we’ve had to pay the rates and levies to date, an architect for plans that we can’t use, and estate agent fees since we have been put in a situation where we needed to sell the stand and free up that capital
Customer reply replied 9 days ago
In a separate deal where we were selling another stand to use the proceeds to pay for the above mentioned build, they told us it was going to be a cash deal. It was a developer that was going to pay for our stand if he could sell a house he had built. We ended up hiring a conveyancer since something didn’t feel right, and right away he saw the problem of the suspensive condition, a term we never heard of before. After asking specific questions, we discovered that we were bound by everything to do with the other property. It had a housing certificate in the wrong name, and they had been trying to sort that out for close to a year. The other buyers of the other property also needed two bonds. After asking the agents about the suspensive condition, they admitted to never having seen the other deal (also recorded).
Customer reply replied 9 days ago
The deal finally did go through, but we never would have signed the OTP it if we had known any of that. The agent also admitted he wouldn’t have either.
Customer reply replied 9 days ago
In both cases, we see the estate agents as being negligent, and we would like advice as to how to proceed. We ideally don’t want to be tied into a 2 year ordeal, but we think there needs to be accountability. We also would like to be reimbursed for our losses
Customer reply replied 9 days ago
In the case of being sold the wrong stand, our builder can confirm that what the estate agent showed us was not what we were sold. He was also recommended to us by the estate agent, so it’s not like he holds some biased towards their agency.
Customer reply replied 9 days ago
Ideally we would like the names of some good pit bull lawyers to represent us at the estate agency board first, and then for possible legal action. Our hope would be for a successful outcome at the EAB, and then for them to offer a settlement.
Customer reply replied 9 days ago
Your input would be greatly appreciated.
Answered in 16 hours by:
4/13/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,767
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

Unfortunately you will have to accept that the legal process is not a fast one. It takes time to enforce your rights. It also seems like you have already issued a summons, and I will advise to continue with that process. The EAAB cannot make a ruling to order the agency to pay you any money, and so, in my experience, that process is a complete waste of time. When that process is completed, you will still have to issue the summons and proceed with the legal route in any event.

In terms also of the rules of this website, I am not allowed to make any specific referrals to any attorneys, so I cannot give you the names of "pit bull attorneys". You can however find attorneys who specialise in property related litigation at www.attorneys.co.za

Since you have plenty of evidence to effect where the principal of the estate agency admitted their fault (and thus that they were negligent - causing you damages) I am of the opinion that you will not have it too difficult to succeed with your claim against the agency. The specific amount which you will be able to claim should also be simple enough to calculate as you can quantify all your actual losses.

Sadly, however, there are no shortcuts in the law, and you will have to let the process take its course. It will take some time.

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: 2,767
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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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 5 days ago
Hi Freddie,If we were to get a positive ruling from the Estate Agency Board, does it become a public record? I know there won’t be any monetary reward, but we would like to do damage to their reputation with public records stating their negligence. We are hoping this may be something that would prompt them to negotiate a settlement knowing that we could share that record on social media as I think it would be in the public’s interest to know their business practices.Hamish

Hi Hamish,

Sorry, but I would have to speculate on that.

Your best option would be to contact the EAAB and find out from them.

Regards

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Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,767
2,767 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

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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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