Elizabeth asked:
I recently purchased a Sectional Title unit and was told that the Levy was R800. A copy of the account, reflecting said levy, was even faxed to me. Now that that the property has been registered, I am informed that the levy is in fact R1204 and not R800!
What recourse do I have?
Dear Elizabeth,
I am sorry to hear about your nasty little levy surprise. It is difficult for me to give you a definite opinion, because the information in front of me is rather limited.
One has to look very closely at the circumstances around the representation of the levy. Who sent you the faxed copy of the levy account? Where is the original levy account? Was the levy account altered and misrepresented?
Also, what has happened in the mean time, before registration took place? Has the levy been increased by the body corporate, in the mean time?
If the difference in the representation about the levy and your current levy liability can be attributed to a misrepresentation by either the real estate agent, or the previous owner of your sectional title unit, you could very well receive compensation from a court of law. So, if you suspect foul play, I urge you to seek legal council.
A misrepresentation is a statement by one party in a transaction, which is incorrect or misleading to another party. Most misrepresentations are deemed to be intentional and may therefore constitute fraud. However, some misrepresentations are rendered through simple mistakes, oversights or negligence. You should try to determine, in consultation with your attorney, which side of the fence your instance of misrepresentation falls, and then take action from there.
I understand that that, when buying property, especially in today's high-priced real estate market, you as the buyer has a difficult period of trying to balance income and expenditure ahead. And this additional amount of levy payment can play havoc with one's budget.
I hope that this answer does help some.
Sincerely yours,
nafi
