Two-year bond payment but no home
An upset family wants access to their legally-owned home, which they have been paying a bond towards, but have been unable to occupy.
Mthokozisi Magagula and Lungile Khumalo were approved as homeowners in 2012, after buying a house in Vosloorus from Inyati Property.
The deal has since gone sour as the two have still not been able to move into their legally owned home.
Zelda Lackay from Inyati Properties in Farrar Park told the Advertiser that it was Magagula’s fault that he was not in his home two years later.
“Magagula was given occupation but he refused to move in, he wanted a court order. He will have to wait for the sheriff to evict the occupants of the house with police assistance. The delay is due to the justice system and not us,” said Lackay.
Magagula says there was no way he was going to forcefully move into his home while people were staying there.
“I didn’t want to use force entry because of the safety of my wife and children. Inyati was not supposed to sell the house to us before ensuring that the occupants were evicted,” said Magagula.
Magagula says another delay in the eviction process was that the occupants of his house contested the court order.
“Inyati said that they would pay the bond on our behalf during the delay until we had moved in. They only did this for three months and then stopped,” explains Magagula.
Lackay disputes this and says the agreement between her and Magagula was that he would be given bond assistance for three months only.
“That is not true, and I wouldn’t have agreed to that, if it was the case,” responds Magagula.
“I tried to sue them for breech of promise. They then told me to drop the charges first or else I would not get my house.”
Lackay vehemently denied this allegation, threatening to sue Magagula for defamation of character.
Magagula receives a monthly statement from the metro to pay rates due on his account which is already in arrears.
Metro spokesperson Themba Gadebe says the property was indeed registered in the name of EM Magagula on November 20, 2012.
“Since the registration of this property in 2012, no payments have been processed with regards to municipal services. The account in question is rendered for water, sewerage, refuse removal and assessment rates,” he explains.
Gadebe says the matter is a private matter between the two parties and the council is not involved in the selling of the property.
“The relevant parties should finalise the matter amongst themselves. As the owner of the property in question, Magagula remains responsible for payment of the outstanding and in arrears municipal account for services rendered.”
Dino Montepara, director at Malherbe Rigg & Ranwell attorneys says the metro is within their right to expect payment of rates from Magagula, as he is legally the owner of the property.
Montepara says Magagula can make a claim against the occupants for the water and lights bill that has been accumulated under his name thus far.
“Under the circumstances it is highly unlikely that the occupants will be able to pay, and more money would be lost by the owners in the process,” he adds.
In regards to Inyati Properties selling Magagula a property that was occupied, Montepara says this in itself is not illegal.
“When you sell a property you need to give the buyer vacant possession, which means the seller has a legal obligation to ensure that a property is in a state fit to be occupied at a given point in time, unless otherwise agreed,” explains Montepara.
“The client is entitled to claim for damages against the seller for bond repayments and the court will decide on the matter.”
Montepara advises people looking to buy properties to first consult a lawyer so as to ensure that the sale agreement protects them.
“People should not only consult a lawyer when they are in hot water, because an eviction process can cost thousands and could take anything from two to six months,” he adds.
Montepara points out that Magagula and his wife can apply for an eviction on their own, because in terms of the property legislature they are entitled to do so.
“Any verbal agreements made between the two parties can stand in court, but are very difficult to prove, it is advisable that any agreement entered into should be in writing.” -@TumeloBoksburg
