Bank, conveyancers botch sale
HOMEOWNER LOSES OUT
TSHEPO Makhene, 47, of Henley on Klip in Randvaal, Gauteng, is angry that Absa and its conveyancer Van Zyl & Le Roux have misled her into believing they had helped her sell her house through their Absa HelpUSell programme.
The conveyancer even sent her an invoice to prove that the house was sold for R1.3-million when it was not.
Makhene said after being led on for seven months, the bank also instructed another set of attorneys to start legal proceedings against her despite it offering to help her sell the house, she said.
While Jozanne Dickason, a director at Van Zyl & Le Roux attorneys, claims the invoice was issued in error by a former employee, Absa has acknowledged wrongfulness.
Makhene, who is self-employed, said she decided to use the HelpUSell programme in September last year after her consulting firm was no longer bringing in business, resulting in her inability to repay her bond.
She said she opted for the programme because she thought it would be a quicker option to sell her house and the commission payable was much lower than what ordinary estate agents charged.
Her application was successful and Absa sent an evaluator who evaluated the property at R1.4-million and it was later advertised.
Within two months they got a buyer who offered R1.3-million, which Makhene accepted as she would get a difference of R750 000 after settling the bond, she said.
Makhene said the offer to purchase was later signed by the three parties – herself, the buyer and the bank which later appointed Van Zyl & Le Roux conveyancers to transfer the house into the buyer’s name.
Even though she would have preferred to use her own attorneys, she trusted the bank was doing things right and in her interest, so she obliged and cooperated with its chosen attorneys.
For seven months she communicated with Van Zyl & Le Roux through their conveyancer secretary Tharina Rowles, who kept her updated on the process of the transfer that included lodging of transfer documents at the Deeds Office, payment of rates and taxes up until they requested her banking details, said Makhene.
“I felt relieved in May when Tharina confirmed that the money was transferred from the buyer’s bank and that R1.3million was debited and transferred to Absa bank through the attorneys trust account.”
Makhene said Rowles also sent her an invoice on the company’s letterhead confirming the transfer of money. She was also told Absa would then transfer the balance to her account, she said.
When the money did not show in her account she made a further inquiry and was assured it would appear the next day as she banked with another bank, she said. This never happened. During the waiting period Makhene discovered to her horror that Rowles had been lying all along, causing her bond to accumulate arrears over seven months, she said.
“Three days later, Tharina continued with her lies and deceit as she called to ask if I received my money, and that is when I told her what a pathetic liar she was.”
This was the beginning of her worst nightmare as Absa had instructed another set of attorneys to commence legal action against her.
Though the director of Van Zyl & Le Roux claimed to have fired their secretary, this has not solved her problem, Makhene said.
“My concern is that I have to start the process of looking for a new buyer. I am still unemployed so I still cannot pay my account and I have incurred massive interest and losses due to this.
“Selling this house has been very stressful and I blame this on Absa and their chosen attorneys.
“The bank and their attorneys should not have raised my expectations and they should help me deal with this situation they have now created.”
Absa’s spokeswoman Zintle Letlaka confirmed that Makhene had successfully applied to sell her property through Absa’s HelpUSell, at the end of last year.
She acknowledged that Absa and its appointed agent appear to have failed her in the execution of an offer received.
Letlaka said Absa is conducting a thorough investigation into the matter and has already identified a number of process failures that resulted in the adverse outcome of this transaction.
“Once the investigation is complete we have committed to schedule a meeting with the customer to discuss an amicable way forward with all parties,” she said.
“My concern is that I have to start the process of looking for a new buyer