Hi. I built a house in a new complex and recently the house got flooded as too much of water came down from the complex road down my driveway. The builder says it is my fault as I didn’t properly slope my land to direct water away from my front door. In my opinion there was insufficient stormwater drainage on the road and so much of water should of never came onto my driveway in the first place. Your views? Many thanks.
I am a flat owner in a complex for many years now. I was also serving in the Body Corporate for this complex until a very unfortunate situation occured.
First of all, no owner could serve unless the levies are up to date. Now this situation occured when our Managing Agent relocated to Cape Town and left us under the Management of this Agent from hell.
When they came in, a fellow serving menber and myself were found to be owing a certain amount of money for the levies not clear for how many months nor which months. We were just owing.
This was in 2006. When we confronted the about this, also telling them that we are serving in the Body Corporate which has a policy that no owner can serve if the levies are behind, so we were told that there must have been a mistake and it was going to be rectified.
A couple of months later I realized that I was still owing this unknown amount then I decided to talk to the other owner who was in the same predicament as I. To my surprise he told me that his was sorted out and when I asked him if he knew anything about mine he directed me to the Agents.
It was not an easy thing to get these agents unless there was a Board meeting and when this came about six months later I was not only owing but there were penalties as well.
I was so angry with this I had to tell them that: Because this guy is White and I am Black his problem was solved but mine is incurring penalties.
I told them that I was going to boycott paying levies until they sorted my problem in the same way that they did with the White guy’s.
Crazy as it was, I stopped paying the levies until they instructed Lawyers and ultimately attached my moveable property and sold them all, for how much? I do not know. I still told them that I do not refuse to pay levies but I want them to remove all the penalties, interests and that initial amount but they refused.
When I spoke to the Lawyers that took my things, I told them that it was unfair for this Body Corproate to discriminate against me like that, it was Racist.
They have since changed Lawyers and they now want to attach my flat. They say I must get a loan to pay up meanwhile they have placed a judgement against my name with the credit beaurau.
Not only have they done this, they have multiplied the penalties from R100 to R500 and this has increased my debt to above R70 000.
I made an offer to pay R2000.00 plus the current monthly levy but they have refused and demanded R5000.00 or else they they will initiate further legal action.
Currently I am paying that R5000.00 but I am not going to take this lying down I want to fight particularly for having been Racially Discriminated against.
I am an up to date clielntelegal member and I would definaetly want to take this matter to court.
I recently puchased a piece of machinery from a registered wine business. The machinery was second hand and I paid the agreed amount promply. The amount was paid and the purchase was made on the verbal agreement that I would collect the equipment within 3 month timeframe.
I had difficulty obtaining a lease on a real estate property (wine cellar) on which to store the piece of equipment. I received email, sms and phone call communications asking me to collect the machinery. Once I had succesfully negotiated lease on my property I arranged transport to collect my machinery only to find that it had been sold on to a third party. There has been no further movement of funds between myself and the original seller.
I would like to obtain my piece of machinery.
I would like to know where I stand with regards to the law.
Ex partner and myself have a joint bond account on a property.
The bond has been deducted from my account since the property was purchased
Further loans had been made on my name to do renovations on the property, to which im am still paying.
The relationship ended and she moved to a different province
Im am still residing in the house and paying the bond with no help from her.
1. The Expartner has signed the offer to purchace
2. The Ex partner has signed an agreement seperate from the offer to purchase for the amount offered for her share.
However the ex partner is now refusing to sign the transfer documents due to wantting more money and is holding up the whole proses.
Good Day Mam/Sir
I need some legal advice on a mortgage bond (Home loan)
I have signed as an guarantor about just over 1 year on behalf of my relative (uncle) supporting the home loan approval as a favour but now I want to revoke from this bond that i had signed reason being i want to clear this bond off my name as I wishes to do other financial obligation like a car finance. My relative (uncle) currently paying for this as I have no obligation in the real perspective. Is there any chance that I can get this guarantor transferred to another relative (uncle daughter). Can such arrangement be made?
Will this be legal and approved?
I have just bought a property in July 2014 but now not happy with the quality of the property, I have discovered deffects on the property which the seller (private) did not disclose to me. The house was bought through bank now I’m thinking of cancelling the agreement as I feel short changed by the seller, how posible or what chances do I stand cancelling or opting out of the whole deal.
Ntuthuko Msomi – Concerned buyer