SCORPION ADVISES KALIKALI TO GET A LAWYER

THE FACTS

Kalikali Ntuli from Soshanguve, Tshwane said his brother approached him in 2015 to swop houses with him. The brother said that there was a shop owner who wanted to buy a house and was interested in his, therefore his brother wanted to sell Kalikali’s house and give him his house.

He said he and his brother took their title deeds and went to the attorney of the shop owner who was going to do the transfers. Kalikali paid the attorney R10 000. He said his brother then went back to the attorney and took back the title deeds without telling him.

The problem is that it seems that both his properties and that of his brother have been transferred to the shop owner and the shop owner is now evicting him from his house. He wants to know what he can do in this situation.

WHAT I DID

I sent the matter to SCORPION LEGAL PROTECTION Services to find out how they assist their clients in such situations.

SOLUTION

SCORPION'S legal advisor was concerned about the way the transaction to sell Kalikali’s house was started. He said the transaction was supposed to be between Kalikali and the shop owner. At this time, Kalikali needs to file a notice to oppose the eviction and state in his affidavit that he agreed to the transfer of his house on the understanding that his brother’s property would be transferred to him.

He must state in his papers that he never received any proceeds for the transfer because he was not selling but exchanging.

In addition, he can also file an urgent application to stop the eviction process and in that application he must cite the transferring attorneys as co-respondents and ask them to produce transfer documents to court and explain who gave them instructions to transfer his house.

Kalikali will need an attorney in order to be able to carry out the advice given. Had he had a Scorpion policy, they would appoint an attorney to assist him to fight for his house provided his claim is in line with their terms and conditions.