SCORPION ADVISES ANNA HAS A STRONG CASE

THE FACTS 

Anna Rathaga and her husband from Tsakane, Ekurhuleni were renting a house in 2002 when their landlord offered to sell it to them. They agreed on a price of R41 000. Anna’s husband paid the full amount to the seller. Anna and her husband received the Deed of Transfer showing that the house had been transferred into the seller’s name, as well as a copy of the sales agreement they had signed.

Anna and her husband were supposed to do the transfer themselves as they didn’t have the money to pay for an attorney. Due to personal problems they delayed the transfer and in 2015 they were approached by people who told them they had bought the house and wanted the house vacated.

Anna’s husband died later that same year. Eviction proceedings started in the High Court. Anna explained to the judge that she felt she was entitled to continue living in the house. The judge advised her to get an attorney.

She approached Legal Aid SA for assistance and was assisted in defending the eviction. Then the attorney told her to pay R1 500 so he could transfer the property into her name. She paid the amount but to date the transfer has not taken place. She was contacted by the other buyers who offered her R10 000 to vacate the property. She turned this down. Anna wants to know what her rights are.

WHAT I DID 

The case was sent to SCORPION LEGAL PROTECTION for analysis and professional legal advice

SOLUTION 

SCORPION'S LEGAL advice is firstly that it is very important to make sure that the seller of a house is the rightful owner before entering into any agreements. The only document that can confirm ownership of a property is a title deed. 

Legally, Anna has a strong case. 

Anna was renting the house before 2002 and is therefore entitled to the common law right of first refusal which means a landlord must give the option to buy first to the person who is renting the house. 

Anna bought the house in 2002 and was living there for more than 13 years. The person who is evicting her only bought the house in 2015. 

The second sale agreement is null and void because the seller failed to disclose that he had already sold the house to Anna. She should approach a court for a declaratory order stating that the second sale of the house is null and void.

Anna is affected by the second sale and should not be denied the opportunity to have the second sale set aside.

If all the above fail Anna can claim compensation for maintaining the property for over 13 years. She should get an actuary report for the amount of appreciation of the property as she was looking after the house as her own.