Asked by the Customer on 19-02-2015 16:14:36
Question posted in the Property Law category relating to Western Cape

Goodday my name is Ryan and i require some advice.

My partner and i reacently moved into her mothers house as she is a pensioner and could no longer afford to cover rates/taxes,electric accounts nor the upkeep of the property. Before we moved there we were renting a house and was looking in the market to purchase a property her mother approched us and pleeded we purchase the property from her as she would like it to stay in the family we agreed and moved in to the house thus we are paying all rates/taxes and maintaining and fixing the house we tried to purchase the property ofcoarse we needed to get a loan we approched sa home loans and they were happy to help us but here is our problem.

25% of the deed is in my partners sisters name and she is now 17 years old and her legal gardian is ofcoarse her mother but sa home loans requires the mother to have a letter from the court stating she is the legal gardien.
But when we approch the court they say she is her mother so she is the legal gardien.

So we were told by a lawyer that we will need to open a gardien ship account because the value is over R100000-00
But her mother has not got money to even open this account cuz we got told by this lawyer that it could cost +-R30000-00 for this account due to the fact we require a Advicate to apply to the court.

I wanna know if it is not possible that the lawyers dealing with the sale of the property cant hold her 25% in the trust account untill she is 18 years of age then it can be relised to her.

That way we would not require to pay money for a gardien account that will only be for 1 year.

Thanks
Ryan