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Most frequent questions and answers

Trust accounts by definition, are bank accounts specially designated to hold funds, that belong to others.
A trust account is a legal arrangement, through which funds or assets are held by a third party, for the benefit of another party. This may be an individual or a group.
Real estate agents and attorneys, are required to maintain separate trust accounts for client money and for the deposit of funds for payment of certain conditions that apply to their contracts.

Both industries are protected by fidelity funds. These are accrued by regulatory bodies such as the EAAB, principally from registration and membership fees, as well as from interest earned on trust accounts, that offer valuable financial support to these professions.

The Title Deed is a document, that proves legal ownership of a property in South Africa.
Anyone who purchases a home will need to have the Title Deed transferred into their name. This is proof that they own the property.
The Title Deed Acts as proof of ownership in terms of the Deeds Registries Act 47 of 1937. This document requires each property to have its own separate deed.
Here you will find all the necessary details and important information about the property, such as a comprehensive description and exact size.

The transfer of property is when the ownership of a property is moved from one person to another person. For example when ownership is transferred from the Seller to the Purchaser.
This happens when a property is sold or when the owner of the property dies and leaves the property to another person.
The Title Deed is transferred into the new owners name

They cancel the seller’s existing home loan on the property. They represent the bank cancelling the seller’s home loan.
Appointed by the bank cancelling the seller’s bond.

They register the bond over the property in favour of the bank that is financing the purchase of the property.
They represent the buyer and the bank granting the buyer’s home loan.
Appointed by the bank granting the buyer’s home loan.

Yes, it is recommended that Landlords perform a credit report on all adults over the age of 18 applying for rent.
However in terms of the National Credit Act Regulations 18(4)(e) and (5) the Tenant must first give his / her consent before the Landlord (Amour Properties) can access your credit report.
If the applicant refuses to give consent for the Landlord (Amour Properties) to perform the credit check – the Landlord (Amour Properties) is entitled to decline your application for rent.

When a consumer defaults on their credit or any other agreement, one of the supplier’s rights is to load an adverse (default) listing against the consumer’s credit profile.
Before loading the default the supplier must:
– Send the consumer a letter of demand
– The letter of demand must specifically mention the “supplier’s intention to load a default”
– The supplier must wait 20 business days’ before listing the default (and may only list in the account was not settled in full).
Business Days: when calculating the 20 business days – the date the letter was sent does not count, Saturdays, Sundays and SA public holidays do not count.
Use of the TPN system allows us to access this feature

A Conveyancer or Transferring Attorney is an attorney with a post-graduate qualification. By law this is the only person who can register property transactions in the Deeds Offices.
They are responsible for transfer of the property from the Seller to the Purchaser.

The Financial Intelligence Centre Act (38 of 2001) (the FIC Act) came into effect on the 1st of July 2003 to help prevent illegal financial activity.
As a necessary part of this Act, the identity of any customer participating in any financial transaction through Amour Properties has to be verified.
Required Documents
– South African Green Barcoded ID Book / ID Smart-Card / Passport
– A valid document showing Proof of Residential Address (not older then 3 months) e. Utility Bill, Telephone Account
FICA Documents Required For Sale
– Both Seller & Purchaser must submit FICA documents
FICA Documents Required For Rental
– Both Landlord & Tenant must submit FICA documents

The simple answer is No.
The Landlord must maintain the property fit, for the reason/purpose for which it was let.
If the Landlord fails to honour this obligation, the Tenant may demand in writing, that he attend to the maintenance.
The maintenance in question must be a material breach by the Landlord such as no water / electricity, a burst geyser or non-working oven. A material breach does not include missing internal keys, blown light bulbs etc.

If the Landlord fails to remedy a material breach, the Tenant should cancel the lease and vacate the property or take legal action.
If the Tenant withholds rent, they are committing a material breach and the Landlord can take the necessary action to collect the rent – cancellation of the lease, court order eviction or blacklisting on credit bureaux.

If the Tenant does not pay the rent, the Tenant is in breach of contract (written or verbal).
Practically the first step of action is to make contact with the Tenant to establish the reason for non-payment. You will know your Tenant and be able to assess if this is a once-off situation or if the Tenant routinely pays late or only partially.
In terms of the Consumer Protection Act, the Landlord must demand payment in writing and give the tenant 20 business days to settle.
Should the Tenant fail to settle after the demand, the Landlord is entitled to cancel the lease and demand the tenant vacates the property.
Should the Tenant fail to vacate the property as requested, then the Landlord must take legal action to obtain a court order Eviction, after which the Sheriff of the Court will forcible remove the tenant.

Yes, Amour Properties is acting as an Agent for the Landlord.
Ultimately the Landlord takes the risk should the Tenant default on the rent or miss payments.
Every Landlord has a different appetite for risk, and will accept or decline the applicant Tenant based on the credit report, affordability assessment and any other relevant information.
The Landlord can and should demand to see the all applicant Tenant’s credit reports before making a decision to accept the Tenant.

Q: “I bought a property where the seller did not disclose leaks in the house. The neighbor confirmed with me that the seller did discuss these leaks with her. As this was a latent defect that she did not disclose what recourse do I have?”

If the neighbour had confirmed this with you, I would strongly suggest getting this in writing from the neighbour.
You must take into account weather or not transfer has been effected?
Contact the Transferring Attorney / Conveyancer that has been attending to this deal. If transfer has not gone through yet:
Get a in a professional to give you a quote for repair of the damage.
Contact the Transferring Attorney, inform them of the situation, as you said since it is a latent defect which the Seller was aware of and is therefore responsible for.
Give them the quote and let them claim the amount from the Seller on your behalf.

If transfer has gone through this will be slightly more difficult:
Get a professional quote for the repair, you would then have to proceed to sue or institute legal action against the Previous Owners in order to claim these monies back.

Q: “We have purchased a property where the electric fence is not working. The seller never informed us of this, and we only found this out once we took occupation. Who is responsible to fix this?”

A: Normally this would be the Seller’s responsibility. The electric fence would fall under the Electrical Compliance Certificate (ECC)and should therefore have been in working order and if it was not this would have been noted during the electrical inspection.The Seller should have disclosed this to you.
Your first option should be to approach the transferring attorney, that dealt with the sale, as they should be able to assist you, however you should note that if transfer has already been affected they are not obliged to assist you and you may need to seek your own legal council. You do have recourse against the Seller in terms of this and the electrician maybe approached in terms of the ECC as the electrician should have noted weather or not the fence was working.

UPDATE: As of 1 October 2012 a separate Electric Fence Compliance Certificate (EFCC) is required if there is a change in ownership of a property at which property there is an electric fence;
there was no change of ownership but there has been an alteration or modification to an electric fence, even if it was installed before 1 October 2012. There is no mention in the legislation of the certificate being valid for a fixed time period once issued (unlike electrical certificates) and once obtained it can be transferred from one owner to the next. It is however accepted practice that the certificate is valid for 2 years from the date of issue.

TPN is the largest credit bureau in Africa to specialize in vetting tenants for rental properties.
TPN Database
A network of over 10,000 property managers and landlords across South Africa to access the only comprehensive credit report on your potential tenant.
Credit Checks
Consumer and Business credit worthiness checks, tailored specifically for the rental market. Used in more than 90% of rental placements. Credex® score, bank codes, criminal checks and more.
Payment Profile
TPN stores the payment behaviour of tenants that is loaded on the system. They also SMS your tenant monthly to advise them of their credit record status, encouraging timeous payment.
Collecting rental timeously is one of the most frustrating tasks that busy property managers and landlords have to undertake on a monthly basis. Using TPN Payment Profile and notification services, requesting rent is quick and easy.
TPN Collections
Letter of demands via post, sms, fax and email, and free blacklisting on TPN and TransUnion encourage collection of outstanding debt from stubborn consumers.
Blacklist your non-paying tenant on the TPN and TransUnion bureaux. Since TPN are fully NCA compliant, we can list your tenant on your behalf if necessary without worry.
Letter of Demands
NCA compliant (NCA section 19(4)) letter of demands to notify your tenant of your intention to blacklist them – sent via SMS, email, fax and post.
Criminal Checks
SAPS criminal record checks help you to select safe, honest and reliable people, while deterring dangerous individuals from renting your property.
Bank Codes
Codes provided by the banks on a current (cheque) accounts history. Let the bank decide whether they think your tenant is good for the proposed rental.
Qualification Checks
Send us the qualifications and we will check with the suppliers to see if the qualification has actually been awarded.