Share

CREDIT AGREEMENT CONTRACT STILL BINDING

accreditation
Scorpion Legal Protection
Scorpion Legal Protection

THE FACTS

SHIRAMI Mashaba from Kagiso stood surety for someone who was buying a motor vehicle on credit in 2007. The principal debtor neglected to pay in terms of the credit agreement and now the bank has attached Shirami’s house to satisfy the outstanding debt.

It came to light that Shirami was married in community of property at the time of the surety agreement being entered into, and his wife did not consent to the agreement.

He wanted to know if the surety agreement could be challenged and on what grounds?

WHAT I DID

I contacted Scorpion Legal Protection.

SOLUTION

Even though the law says that people who are married in community of property should not enter into credit agreements without the consent of their spouse, banks do not check that the person signing is in fact married.

If the contract says that the spouse needs to sign and the spouse does not sign their consent, the contract is still valid as being married in community of property does not affect the person’s capacity to sign contracts.

You can strike back legally too!


Click here

to fill in your details for Scorpion to call you back.

Terms and conditions apply.

Get the best in Soccer, News and Lifestyle content with SNL24 PLUS
For 14 free days, you can have access to the best from Soccer Laduma, KickOff, Daily Sun, TrueLove and Drum. Thereafter you will be billed R29 per month. You can cancel anytime and if you cancel within 14 days you won't be billed.
Subscribe to SNL24 PLUS
heading
description
username
Show Comments ()
Voting Booth
What do you value most personally?
Please select an option Oops! Something went wrong, please try again later.
Results
Earning tons of money
20% - 1 votes
Career Progression
20% - 1 votes
Work-Life balance
60% - 3 votes
Vote
Let us know what you think

Contact the People’s Paper with feedback on stories and how we could make dailysun.co.za even better!

Learn more
Do you have a story for the People’s Paper?

Click below to contact our news desk and share your story with SunLand!

Let's do it!