WITH its three bedrooms, spacious open plan interior and swimming pool, it seemed the ideal home to Dicki Ngcobo and her sister Thabisile Sithole, who wanted to buy a home in Glenwood. But after putting in an offer, their hopes of owning their dream home are hanging by a thread.
|||Amanda Khoza
WITH its three bedrooms, spacious open-plan interior and swimming pool, it seemed the ideal home to Dicki Ngcobo and her sister Thabisile Sithole, who wanted to buy a home in Glenwood. But after putting in an offer, their hopes of owning their dream home are hanging by a thread.
In November 2009, Ngcobo met estate agent David Moonsamy, the owner of Genius Estates and Auctioneers, through a family friend.
“We looked at homes that were on auction but they were too expensive so I contacted Moonsamy and he said he had a couple of homes available. He recommended one in Bulwer Road in Glenwood.”
After seeing the home, the family found it suitable.
“When I spoke to Moonsamy, we agreed on a price of R1 million. He then said there were other buyers who were also interested in the house and if we were still interested we should deposit R100 000 into the company’s bank account,” said Ngcobo.
She made the deposit.
When her sister went to sign the agreement she noticed there were two agreements. Sithole explained: “The first agreement had the agreed price of R1m but the second had a price of R880 000.
“Moonsamy said this was done to avoid Sars charging us on transfer.”
Sithole told Moonsamy she was not willing to defraud the SA Revenue Service and was willing to pay the full amount of R1m. She signed this agreement in December 2010, the month they moved in.
Then Ngcobo received a call from the owner of the house, who asked how much the sisters had paid for it. She told them to halt all processes because it was only R850 000.
Ngcobo is paying occupational rent on the house until the matter is resolved. And despite her best efforts, the R100 000 has not been refunded. She reported the matter to the police in April last year but, she said, they said they were not debt collectors. When she referred the matter to the Estate Agency Affairs Board, it said it couldn’t force Moonsamy to pay the money back.
She also attempted to take the matter to the Independent Complaints Directorate but was referred back to the police. “By this time Moonsamy was nowhere to be found,” she said.
The Tribune approached Peter Dykes, of Dykes van Heerden Inc, the attorneys and conveyancers representing the owner of the Bulwer Road house, for comment.
“After we were instructed to attend to the matter (by the owner), we contacted David Moonsamy on numerous occasions requesting him to pay the R100 000 into our account and despite promises, the amount was not paid,” he said.
“We sent a number of threatening letters to him and he has not paid us.”
SAPS spokesman Thulani Zwane said: “The state declined to prosecute… as it was deemed to be a civil matter.”
Sphesihle Zulu and his fiancée also have a complaint against Moonsamy. On November 29, their offer of R850 000 for a house in Yellowwood Park was accepted by Moonsamy.
The buyer says he was asked to pay a R50 000 deposit into Moonsamy’s company’s bank account.
“He then told us that the sheriff was handling the removal of the previous owners. But he later said we should write a withdrawal letter from the deal and I immediately knew something was amiss.”
Zulu contacted the bank that held the bond and according to the bank records, the house had been sold to another buyer on November 6, for R650 000. “There were no records that informed them of my offer,” said Zulu.
His fiancée laid a complaint with the Estate Agency Affairs Board and took the matter up with their lawyers, who will be acting on their behalf. “We just want our money back,” he said.
The Tribune contacted Moonsamy, who said: “I know that there was a court case and allegations against me and I am prepared to defend myself in court. I am a Christian man… and I wouldn’t walk around knowing that I owed someone money. I am making plans to pay the money back.”
He then warned: “If anyone made false allegations against me, I will sue them.”
Jimmy Baloyi, the acting executive manager of the Estate Agency Affairs Board, confirmed the board was aware of and was investigating these matters. “Our investigations in both matters are under way.”
In the Ngcobo matter, the investigations had been concluded. “Although we have not been able to obtain any response from the respondent estate agent, the matter will be placed before a consideration committee for their decision in regard to the exact charges that must be formally levelled against the respondent and once the charge letter has been issued, the matter will be set down for hearing before a disciplinary committee of the
board,” he said.
Of the Zulu matter, he said: “The complaint was not properly lodged by the complainant in that the complaint form was not signed and sworn to by the complainant before a commissioner of oaths as required by our regulations.”
He said further investigation and evidence was needed.
Amanda.khoza@inl.co.za