Johannesburg- Real Housewives of Joburg star Christal Kay is embroiled in a legal battle over her mansion.
Christal‘s house has been the envy of the nation ever since she first appeared on the reality show, Real Housewives of Joburg (RHOJ).
Kristal who is the neighbour of the likes of Basetsane Khumalo and other high profile celebs in SA says she is frustrated because the deal has gone wrong.
According to Kay she entered into a deal of selling her Kyalami mansion for R8 million, last August with businesswoman Kholeka Bubu and little did she know that things were going to turn sour
According to Kay, Kholeka paid a deposit of just over half the purchase price into the estate agent’s trust account as a result of which she moved out and R1 million of the trust monies was paid directly to her.
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‘‘This was used up during the move and rental payments as I was living elsewhere. It was agreed that the balance of the purchase price would be paid 8 months later,” she says.
Kay had to rent another home in Dainfern.
D day finally came for Bubu to pay the balance she owed, but she asked for an extension to pay the remaining three million as she did not have sufficient funds.
Kay says according to an addendum that was entered into and provided that for a three-month extension Bubu would pay her R750 000 and it would come out of the purchase price however it was recorded very clearly that these funds were non-refundable.
“These funds were necessary as I was required to incur further expenses while the transfer of the property was delayed by her. If she failed to make payment on the date set for the final payment which was the 19th July 2021 she would have to forfeit those funds as I had to carry significant expenses while the property transfer was delayed,’’ Kay further added.
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But the payment date arrived and no final payment was forthcoming.
Kholeka was subsequently provided with a notice of cancellation in terms of the sale agreement and still failed to make payment timeously.
According to kay she then legally cancelled the sale agreement, but to her dismay the day after the cancellation she was presented with an unapproved bond from Kholeka trying to rescue her situation although according to the agreement it was not catered for a bond.
“She argues that whether she secures the purchase price by way of a cash payment or bond will make no difference to me, that is both untrue and irrelevant.”
The manner in which the purchase price is paid in any sale agreement (be it for something as small as a chappie at a corner store or a mansion such as this one) is fundamental to the sale agreement and the payment needs to take place strictly according to the agreed provisions.” she adds.
Kay relates that Kholeka was then asked to leave her property at the beginning of August and to date, she has not moved out.
Also read: Real Housewives of Johannesburg star Christall Kay seeks legal advice after attack
Kay says she is horrified that she can’t move back to her home and Kholeka is now illegally occupying her beautiful home.
“To make things worse, she was in arrears of three months arrear occupational interest until just the other day. I really regret trusting her and letting her move in so soon before final payment. I can’t believe that she is doing this.’’
Kay says she is shocked at Kholeka’s audacity not only she is refusing to move out of her home but she is also trying to use the court process against, Kholeka has instituted an application against her in the High Court to try and get an order forcing her to sell her house.
“She has clearly breached the agreement by non-payment and it was cancelled legally.”
“I have had to incur great costs paying for two properties. This is unacceptable and I have vehemently opposed her application to try to hold me to the agreement which she breached.”
Kays says she hopes to recoup her losses through a damages claim.
“Eviction proceedings have started in the Magistrates Court to get her out of the house in the interim but everyone knows how long the legal process can take.”
“I have had to brief attorneys and advocates at great cost. I just can’t wait for this all to be over! This is causing a significant cash flow issue. My bills keep piling up (including the legal fees) all while she continues to enjoy living in a mansion.’’
To add salt into her wounds Kay says she had to attend upon her property on 18 October for inspection.
“Despite us giving due notice to her attorney, Bubu called the police and the heavies on me. I was surrounded by police and men that looked like bouncers. They were all screaming and shouting and saying I was trespassing when I was not. Bubu is the illegal occupier. I can’t wait for my day in court to get my house back.”
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