Comments for This 'n That http://johnlbradfield.com And the Long, Short 'n Tall of it Tue, 14 Feb 2017 08:21:50 +0000 hourly 1 https://wordpress.org/?v=4.7.2 Comment on Property Defects Full Disclosure Required By Consumer Protection Act by John http://johnlbradfield.com/realestate/property-defects-full-disclosure-required-by-consumer-protection-act/comment-page-7/#comment-503744 Tue, 14 Feb 2017 08:21:50 +0000 http://johnlbradfield.com/?p=2755#comment-503744 Hi Lerah

Underestimating the costs of transfer is a common problem that can often lead to cancellation of the sale.

For this reason, estate agents have a special responsibility, particularly with first-time buyers, to fully detail costs involved with the purchase of real estate. Neglecting to do this properly may result in a failed transaction and disappointment for everyone concerned.

Whenever cancellation of a contract is envisaged, it’s always best to consult with an attorney. This should be someone other than the transferring attorney who is representing the interests of the seller. Your attorney can peruse your contract and give you an informed opinion on the options that may be available to you.

If you do nothing, you may be held liable for the estate agent’s fee and a portion of the transfer costs.

Best of luck.

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Comment on Property Defects Full Disclosure Required By Consumer Protection Act by John http://johnlbradfield.com/realestate/property-defects-full-disclosure-required-by-consumer-protection-act/comment-page-6/#comment-503678 Thu, 09 Feb 2017 15:21:50 +0000 http://johnlbradfield.com/?p=2755#comment-503678 Hi Jack

Electrical problems should be identified during an inspection prior to the sale. Usually, the cost of the inspection and any repairs are at the sellers expense.

In terms of the law, no property may be transferred without a valid Certificate of Compliance. The certificate must be issued by a registered electrical contractor and it is valid for two years, provided no work has been done on the electrical installation in the interim. In that case, a new certificate must be obtained.

Flat roof leaks are notoriouly common. However, this type of defect should have been disclosed by the seller before the sale. Over time, small leaks can eventually lead to big problems. Therefore it’s important to identify the source of any leak and repair the leak as soon as possible.

You’ve done the right thing to seek legal advice. Follow up and perhaps consider changing your attorney if you don’t get satisfaction.

Good luck.

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Comment on How Consumer Protection Act Affects Lease of Property — Part 2 by John http://johnlbradfield.com/business_finance/how-consumer-protection-act-effects-lease-of-property-part-2/comment-page-86/#comment-503675 Thu, 09 Feb 2017 14:35:23 +0000 http://johnlbradfield.com/?p=2161#comment-503675 Hi Tanya

While landlords are obliged to provide the basics, including the peaceful and undisturbed use of the premises, tenants are responsible for their own safety and security. Your unfortunate experiences with the theft of vehicles may not be a valid reason for cancelling your lease agreement.

My sympathies for your loss. If you have other vehicles on the premises, it may be time to consider having an immobiliser and or a car alarm fitted.

Good luck.

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Comment on How Consumer Protection Act Affects Property Transactions — Part 1 by John http://johnlbradfield.com/business_finance/how-consumer-protection-act-effects-property-transactions-part-1/comment-page-39/#comment-503649 Mon, 06 Feb 2017 19:04:34 +0000 http://johnlbradfield.com/?p=2106#comment-503649 Hi Moipone

Whenever cancellation of a contract is on the cards, it’s always best to consult with an attorney.

Your attorney, after perusing the contract you signed, would be best placed to advise you on any factors that may help you in your quest to withdraw from the sale.

Good luck.

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Comment on How Consumer Protection Act Affects Property Transactions — Part 1 by John http://johnlbradfield.com/business_finance/how-consumer-protection-act-effects-property-transactions-part-1/comment-page-39/#comment-503647 Mon, 06 Feb 2017 18:56:20 +0000 http://johnlbradfield.com/?p=2106#comment-503647 Hi John-Mike

So what’s the question?

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Comment on Property Defects Full Disclosure Required By Consumer Protection Act by John http://johnlbradfield.com/realestate/property-defects-full-disclosure-required-by-consumer-protection-act/comment-page-6/#comment-503646 Mon, 06 Feb 2017 18:47:59 +0000 http://johnlbradfield.com/?p=2755#comment-503646 Hi Alicia

Since the early 1990’s it has become a legal requirement, when a property is sold, that the seller must obtain a “beetle-free” certificate prior to registration of transfer. Usually, this clause calls for an inspection of all accessible areas of the building for the presence of “notifiable” beetles, Oxypleurus nodieri, Anobium Punctatum and Hylotrupes bajulus.

Secondly, in terms of the voetstoots or “as is” clause in your contract, the seller is protected from liability for any “latent” (hidden) defect that the seller didn’t know about at the time of the sale. However, if the seller knew about a hidden defect, and concealed this from you or failed to disclose it to you before the sale, the seller cannot rely on the protection of the voetstoots clause.

It would be wise to have your Deed of Sale perused by an attorney (not the transferring attorney who is representing the interests of the seller). You may well find that the seller is liable for the damaged flooring. If that’s the case, your attorney can help you negotiate an amicable settlement with the seller, failing which, you may have grounds to cancel the sale.

Best of luck.

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Comment on How Consumer Protection Act Affects Lease of Property — Part 2 by John http://johnlbradfield.com/business_finance/how-consumer-protection-act-effects-lease-of-property-part-2/comment-page-86/#comment-503554 Mon, 30 Jan 2017 19:51:42 +0000 http://johnlbradfield.com/?p=2161#comment-503554 Hi Zahira

You may want to consider taking your problems to the Rental Housing Tribunal (RHT). This is a statutory body whose task it is to resolve disputes between landlords and their tenants, free of charge.

You can register a complaint on the prescribed complaint forms available on the RHT’s website for your area. The form you need is most likely this one: Rental Housing Tribunal Complaint Form (pdf)

Within 30 days you should be notified in writing that your complaint is receiving attention. A case file will be opened and a reference number allocated. Then the RHT will make a preliminary investigation to establish if it’s a dispute over which they have authority. Next, an attempt will be made to resolve the matter, first with informal, then with a formal mediation. Should the parties fail to reach an agreement, a formal hearing will be scheduled. All parties will be required to attend.

Best of luck.

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Comment on How Consumer Protection Act Affects Lease of Property — Part 2 by John http://johnlbradfield.com/business_finance/how-consumer-protection-act-effects-lease-of-property-part-2/comment-page-86/#comment-503551 Mon, 30 Jan 2017 19:16:31 +0000 http://johnlbradfield.com/?p=2161#comment-503551 Hi Lu

Even though you haven’t signed a lease agreement, a verbal contract is still legal and binding. It may be that the lessor turned down other interested parties once your deposit was in hand, in which case your deposit may be used to offset lost rental.

Perhaps you could offer your help to find a replacement tenant. While the landlord is not obliged to accept anyone that you may put forward, it would be difficult to see why not if your replacement tenant is suitable. You could get your deposit back if the landlord is not out of pocket.

Good luck.

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Comment on How Consumer Protection Act Affects Property Transactions — Part 1 by John http://johnlbradfield.com/business_finance/how-consumer-protection-act-effects-property-transactions-part-1/comment-page-39/#comment-503550 Mon, 30 Jan 2017 18:55:11 +0000 http://johnlbradfield.com/?p=2106#comment-503550 Hi Chantel

The best advice I can offer you is this: talk to an experienced estate agent in your area. Estate agents eat and sleep real estate, have access to buyers, and can often share your listing in a Multi-Listing database to increase your exposure to the market.

A competent estate agent will know the current market conditions in your area and can advise you on the right asking price, which is critical if you want a quick sale. An experienced estate agent will have the skills and the contacts to get you the best price, quickly.

It’s important to immediately inform the bank in writing that your property is to be placed on the market. If you neglect to do this, you could be penalised.

Who knows, you may even be able to sell at a profit. Best of luck.

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Comment on How Consumer Protection Act Affects Property Transactions — Part 1 by John http://johnlbradfield.com/business_finance/how-consumer-protection-act-effects-property-transactions-part-1/comment-page-38/#comment-503547 Mon, 30 Jan 2017 17:49:04 +0000 http://johnlbradfield.com/?p=2106#comment-503547 Hi Shanine

Johannesburg falls under the The Law Society of the Northern Provinces. Their website is here where you can find lawyers in the Sandton area and you can also check that an attorney is in good standing with the Law Society.

Good luck.

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