HiI am trying to sell a joint property w...

Asked by DotsSA on 18-11-2020 09:29:32
Question posted in the National Credit Act Law category relating to Gauteng

HiI am trying to sell a joint property where the other party is not cooperating (no agreed terms beforehand), I have advised lender I am no longer resident at the property and cannot afford my share of repayments. I need for the other party to take over the loan. The lender says they can't assist. As this will have an adverse effect on my finances I feel my consumer rights are being violated somehow, with not being awarded an opportunity to get out of the contract.So I I'm not sure whether to raise it as a complaint against the lender via NCA/NCT, or approach courts to force the other party to sell or take over loan.I need some advice on which area of law my dispute falls under, and which approaches are available to me to get a resolution

Answer to the Question

Posted by Att. Patrick on 23-11-2020 11:28:19

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

I don't understand why you think that your partner (in the property) is obliged to buy you out of the property or agree to sell the property with you so that you can sell your share?! Especially if there is no agreement in place already?

You can't complain against the lender. It has nothing to do with the lender. 

A court won't assist you because you bought into the property and you can't force your partner to sell or whatever. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

Information provided by client

Thank you for your response, I understand.
The other party has never made a payment and I was always forced to pay the full monthly payments due, as it is now I can't even pay my contribution, and the other party I know will also not pay. The other party feels they have nothing to lose if we default and get foreclosed as they are not looking to get any financial products in future. They have no intention on paying. Whereas I still want to try and get a solo mortgage bond.
I am just adding this for context in response to your questions why I think I am entitled to forcing some sort of action on the other party's part.

I have resigned myself to my fate though, and will be withdrawing my question.

Also thank you for responding, in the first instance


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