From a legal standpoint, a life right occupation agreement, as more fully explained hereunder, offers several benefits that make them a compelling choice for 60-plussers.
Life rights are strongly protected in South African law, and it is regulated by the Housing Development Schemes for Retired Persons Act 65 of 1988 (“the Retired Persons Act”).
At MDW INC, we understand the importance of protecting your rights as a senior citizen, as you may not always know the ins and outs of what you are being offered by property developers who offer life right accommodation opportunities.
We are able to offer you assistance in drawing up and reviewing life rights agreements.
A life right simply put, is a contractual agreement in terms of which, you as a retiree, buy the right to occupy or live in the unit for the duration of your life.
While you do not own the property, you have the exclusive right to occupy it and enjoy the benefits of the retirement community or complex where it is situated.
The life right therefore includes the right to use services in the housing development scheme or retirement village, and you would have to pay a monthly levy to a managing agent in this regard.
When you die, the right to the unit goes back to the owner, who can then sell it again. The contract specifies the compensation your estate will receive upon your death.
Drawing up and reviewing life rights agreements can be complex, especially for seniors who may be unfamiliar with the legal intricacies involved.
Our team is able to assist seniors who may be interested in investing in a life right scheme.
We can ensure that your life rights agreement complies with all the requirements of section 4 of the Retired Persons Act, to ensure that the contract is valid and enforceable. We will guide you to ensure that the contract is fair and does not give the developer unfettered power.
With years of experience in contract negotiation and property law, our attorneys have the expertise to navigate the complexities of life rights agreements.
We understand the importance of ensuring that your rights are clearly defined, and in helping you understand exactly what your responsibilities are in terms of the contract. As example, it is pertinent that you should be provided with a transparent levy structure which should budget for the next two to three years and we can assist you with reviewing the levy structure and how fair it is.
You also need to understand the fees and costs associated when the life rights are sold one day and the process involved, should you decide to on-sell the life rights, or such be sold after your death.
At MDW INC, we recognize that every client is unique, which is why we offer tailored solutions to meet your specific needs.
If you’re looking to invest in a life right, we can assist you in negotiating the terms of the agreement to ensure that your rights are protected and your specific needs are catered for in terms of the agreement.
FOR ENQUIRIES:
Daniela Papa
daniela@mdwinc.co.za
021 461 0065 & 083 783 8494
Devedine Armstrong
devedine@mdwinc.co.za
021 461 0065 & 076 902 4027