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Question
Posted by: Riena | 2009-09-21

some legal advice please - on property

Hi I need some advice, I sold my property and took a R100,000 as a deposit on a new property which my son bought on his name as I would not qualify for a bond on my salary, I paid the transfer fees as well, we took a further bond of R170,000 which we split R100,00 was taken by him, I took the rest R70,000, I pay the bond every month of R3,500 he pays R2,500, for the R100,00 he took. Now he tells me he cannot pay that amount anymore and we must sell the property, which I think is unfair I bought this property under the impression I will stay ythere when I retire, what grounds do I have, can I refuse to sell?

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Our expert says:
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I can't ive legal advice. It sounds unwise that you made these complex joint plans without a formal legal agreement about how to handle situations such as that which has since arisen, and without clarifying who the property actually belongs to and who has what power to make this sort of decision.
You need advice from a real lawyer, but Anon's comments make a lot of sense

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Our users say:
Posted by: Anonymous | 2014-11-12

Hi mine is not a comment but need also legal advice. I bought a property in 2003 through Panther Property and was financed by Nedbank. I had been staying in the property for 10 years and only to find out that the property that was registered and transfered to me is not the one I am occupying all these years but on the other street.now the conveyancer would not take responsibility but shift the blame to the Panther Property Agent for providing wrong information.the offer to purchase says Portion 4/3313 Platinum Str No 24 but the tranfer/registration was done on Portion 4 3313 Phosphorus Str which is the house they say is Myne and is attached.there are people staying there and the bank has not sold the house I stay in for ten years if they claim it belongs to nedbank.the problem is we are unable to locate panther property's as they have moved from the place they used to be. Please advice. Shadrack Moloi

Reply to Anonymous
Posted by: Anon | 2009-09-21

If the bond is in his name alone as well as would be on the title deed, legally he is the only one who has the right to determine what he wants to do with the property. Morally, thats another issue. Legally you have no stance unless you have some kind of other contract in place which you would have to defend in court, but if you have no money for a house, you would have no money to fight this out in court either. Just try and reason with him, its your only hope.

Reply to Anon

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