THE FACTS
SINDISWA Sithole from Katlehong, Ekurhuleni bought a house from Ezulu Property Investors in October 2015.
Even though Sindiswe had not been to the house, she signed the papers and the house was financed by Absa Bank.
When she finally was taken to the house there were still people inside it, and although she started paying the bond at the beginning of last year, the occupants refuse to leave.
Zelda Lackay from the estate agents referred Sindiswa to Len Attorneys for assistance with eviction. The case is being handled by Nonceba Mbuyisa and Sindiswa paid the attorneys R9 690.
Sindiswa said she would like to cancel the agreement because of misrepresentation by the estate agent.
WHAT I DID
I sent the matter to Scorpion Legal Protection for investigation.
SOLUTION
Sindiswa was advised it is unlikely that the sale agreement could be cancelled because a home loan application was done, approved and the bond is already registered.
She has no grounds to cancel the bond and stopping debit orders would amount to breach of contract. The bank will sue her and she will be blacklisted.
She was advised she could sell the house, but inform the buyer about the illegal occupants. She was also told it’s unsafe to take occupation of the house as the illegal occupants may return.
Sindiswa said the sheriff claims there is always no one at the house when he wants to serve the eviction order although she finds people when she goes there. The attorneys could not be contacted as they were on leave. Scorpion Legal will enquire with them this month.
