I had a DUI in margate in December 2005p...

Asked by Christo on 02-03-2024 06:09:06
Question posted in the Property Law category relating to Gauteng

I had a DUI in margate in December 2005paid a fine of R2000

never knew i had a criminal record

bought a house in an estate in Benoni and was supposed to occupy 1 March 2024 but with criminal check it came up as a Hit

now the estate manager is refusing 

Message from the Lawyer

Posted by Att. Patrick on 02-03-2024 13:06:18

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Yes, unfortunately if you plead guilty to a criminal charge of DUI and you are given a fine, and you pay the fine, then you will receive a criminal record. 

What you can do (after a period of 10 years) is to apply for the record to be expunged, which means removed from your record. This will then clear the DUI from your record. 

In relation to the purchase of the house, have you signed an OTP with the seller?  Is the seller the developer, or a private person?

Have you taken transfer of the house?

I'm trying to work out on what basis the manager (who is NOT a party to the sale agreement) can refuse anything. 

Message from the client

We bought the house and is at deeds office for registration
We were supposed to take occupancy on 1 March to start renovation
The criminal vetting was only done on 29 February
The estate manager refused us entry although i told him that the case was from 2005 and his reply was to treat me like a real bad criminal

Message from the Lawyer

Posted by Att. Patrick on 03-03-2024 10:57:36

If you bought a house in an estate, then you are the owner of the house and when it is registered in your name, you will be the registered owner of the house. 

The estate manager is NOT allowed to refuse you access to your property. 

You are the owner of the house. You have a constitutional right to access your property. 

The estate manager is trying to get clever with you. Trying to "scare you" into not moving in.

You need to be harsh with the estate manager and tell him that as the registered owner, he is not allowed refusing you access to the estate. 

If he still does, my advice would be to speak to the Chairperson of the HOA / estate and explain the situation to him, and make him instruct the estate manager to treat you like any other owner. 

If that doesn't happen, then I would suggest an urgent application to court to force the manager to give you access and to interdict the manager from ever again interfering with your right of access. 

Message from the client

Property is busy being registered
Was lodged on 28 Febr 2024
We are awaiting registration

Message from the Lawyer

Posted by Att. Patrick on 03-03-2024 16:49:29

Okay, so if it has already been lodged, my advice is to write to the HOA now and explain that your transfer has been lodged, and in approximately 7 days (get this date from the transferring attorneys) you will be the registered owner of the property and you will then DEMAND unrestricted access to the property for yourself and your family - and that if they do not agree, you will be suing the HOA (or manager) to gain access and hold them liable for damages and for costs. 

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