LL
Lynne L

1 reviews | Active since Sept 2018

21 Feb 2019, 09:57

Property resolution complaint

Complaint against Barry & Mouton, Calitzdorp In March 2016 I was shown an empty stand by Pieter van Pletzen, a Rawson agent in Calitzdorp, Western Cape. The surveyor’s pegs were also pointed out to me at that time. I liked it and on 10 March 2016 I signed an offer to purchase which was accepted by the owner P H Rossouw. Shortly after (approx. 1 months later) I was informed by the then transferring attorneys that they were ready to lodge and I paid the purchase amount and transfer costs immediately. Mr Rossouw then approached me and suggested I start building so that I do not need to continue renting, which I accepted and did. Halfway through the building process I was informed by the transferring attorneys that, 1. The stand was not registered in the name of the ‘seller’ and 2. That the land on which the stand is, was not yet legally subdivided into separate erven. Mr Rossouw blamed the previous transferring attorneys, Barry & Mouton, Calitzdorp and in particular Mrs Marina Murris, for the delays and various mistakes made during a previous transfer and it was decided and agreed upon by the both of us that the transaction should be handled further by Mrs Murris of Barry & Mouton, as she was still in possession of the bulk of the paperwork. In March 2017 after a meeting in her office I agreed to continue with the transaction and to advance the seller R10 000 in order to re-register the land into his name – I did so as I felt pressured due to the fact that my building had already progressed to a point where I could not undo it. This was not the only issue however, by his own admission the seller had Asla, a roads building company, sc**** an access road through the property he had already sold to me three months after signing the offer to purchase. No mention of this was made during any part of our purchase agreement. Numerous issues had ensued since. In October 2017 I requested the transferring attorney and Mr Rossouw’s personal attorney, Mrs Murris of Barry & Mouton to instruct her client to start paying back the R10 000 which he had borrowed. To date he has not done so. In Aug/Sept 2018 I informed her that I wished to cancel the transaction based on the facts 1. that there was as yet no indication as to when the property can/will register and 2. The seller was not giving me the full property I had signed for. Mrs Murris then sent me a cancellation agreement in which they agreed to pay me back my capital, transfer costs and interest, but wanted me to leave the house and services without compensation. I did not and would not agree to that. I informed her as such. She then sent me another amended cancellation agreement in which they agreed to pay me my money back and where I would be allowed to dismantle and sell the house (a wooden structure) but was instructed to leave the sewage tank, plumbing, electrical meter and connection without compensation. I could not see the fairness in that either and did not sign the agreement. (The stand, being part of a smallholding had no services at the time I bought it) In November & December 2018 there were numerous e-mail between myself, my attorney and Mrs Murris in which Mrs Murris requested that I agree to proceed with the transaction on the basis that the stand will register on/before 31 January 2019. Mrs. Murris gave me a surety and I agreed, thinking that at the end of the day it may be the fastest and easiest way out and that it would enable me to then re-sell the property ( as I was by then offered work in another town). This did not happen. On 28 January 2019 I visited the offices of Barry & Mouton and had a brief meeting with Mrs Murris during which she admitted that very little progress had been made and that she had no idea as to when the stand could/will register. Her attitude was that I should go ahead and sue the seller. Something she knows full well I am unable to do due to financial constraints. This is due to misinformation provided by Murris from the start. I need a fast response and a reasonable outcome without delay. Murris was the legal person from the start of Rossouw’s property transactions on this piece of land and cannot withdraw from this issue without resolving the dispute they are responsible for. I had also contacted the Rawson regional manager for assistance and that was also his attitude, that I should go ahead and sue Rawson. The EAAB also turned down my request for assistance as the agent was not registered at the time. I than laid a complaint against the principal more than a year ago, but have not heard from the EAAB since. Both my daughter and I now stand to lose the jobs offered to us in Nylstroom (Modimolle) and our financial situation is dire due to me having lost my job in 2017 and none other being available for me in Calitzdorp. I had also suffered a stroke in 2017, largely due to added to stress. I cannot continue to live here. This matter is now dragging over three years and I need advise/assistance urgently.

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