Question posted in the Property Law category relating to Western Cape
Question value: R 200.00
My brother and I bought a flat in Vredehoek together about 11 years ago. When I got married, my husband and I paid my brother out for his share of the flat. However we didn't go through the process of changing the title deed to remove my brother's name. I would like to know how to go about doing this, and what transfer duty is payable if any
Is there a standard contract for this sort of thing? Would SA legal advice be able to assist us in completing the process?
Answer to the Question
Hi there and thank you for your question,
It sounds like you and your husband entered into an oral agreement of sale in terms whereof you purchased your brother's half share in your flat for an agreed upon price. The immediate problem is that ALL agreements pertaining to sales of land MUST be in writing. If an agreement is not in writing, it is VOID. That is a massive problem for you.
But ... don't worry just yet ... it can be fixed - hopefully because your brother will realise the problem and will come to your assistance! Hopefully your brother won't argue that the sale was void, and hopefully he'll just sign the documents!
The value of the transfer duty will depend on the value of the flat.
While we can't assist you directly in drawing up the formal sale agreement, we can put you in touch with a conveyancing attorney in Cape Town who could assist you! You'll need to sign a formal sale agreement and have the transfer registered at the Deed's Office in Cape Town. This is done by a conveyancing attorney!
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