Home, Interrupted

Support Carina Bruwer in her quest for justice, as her continued fight for her rights to be honoured in the purchase of a home for herself and her children, sees her legal fees approaching R700,000 with her opponents continuing to engage in abusive litigation. Carina has launched an application for Specific Performance to compel the seller - clinical psychologist Janet Earl - and the conveyancer who is now litigating against her - Leon Van Rensburg (van Rensburg & Co) - to transfer the property into her name, whilst Earl has launched an eviction application against her. Although Carina was offered a back door on more than one occasion, in that Earl and van Rensburg told her they would transfer the property to her if she signed a new agreement (thereby signing her rights away), Carina has chosen to remain in the arena despite the hardship it has caused, to contribute to new case law and to attempt to call out and stop unscrupulous "professionals" from abusing the system and harming vulnerable people. Both applications will be heard in the Cape Town High Court on 17 April.

THIS FUNDRAISER HAS BEEN CREATED IN RESPONSE TO NUMEROUS REQUESTS FROM MEMBERS OF CARINA'S FOLLOWING WHO HAVE INDICATED A WISH TO OFFER SUPPORT.  SHOULD A COST ORDER BE AWARDED IN HER FAVOUR, SUPPORTERS CAN CHOOSE HOW THE CORRESPONDING PERCENTAGE OF THEIR DONATION SHOULD BE TREATED - IT CAN EITHER BE REFUNDED OR DONATED TO A RELATED CHARITY. ALL SUPPORTERS WILL BE EMAILED UPON RECEIPT OF A DONATION; ALTERNATIVELY YOU CAN CONTACT [email protected] WITH ANY QUERIES BEFORE MAKING A DONATION.

CARINA WILL ALSO BE DELIVERING HER INSPIRATIONAL KEYNOTE, "SWIMMING AGAINST THE CURRENT", PUBLICLY ON 31 MAY. THE TALK WILL BE FOLLOWED BY A Q&A SESSION WHERE SHE WILL DISCUSS DETAILS AROUND THE LITIGATION. TICKETS FOR IN PERSON AND LIVESTREAM ATTENDANCE ARE AVAILABLE HERE

Short background

In February 2022, Carina sought to purchase a property as the primary residence for herself and her three children. After taking occupation of the property, she discovered a large number of latent defects which were not disclosed to her but which she has evidence of having been known to the seller, plus tens of thousands of rands worth of fixtures and fittings which were part of the sale, but had been removed. It also transpired that no as-built plans were available for the property, and that a deck on the property was illegal. This all after having had to increase the agreed purchase price after the seller received an apparent higher offer for the property and refused to accept Carina's approved bond.

Carina objected and requested for her rights in terms of the sale agreement to be honoured. Van Rensburg, who was appointed by Earl as the conveyancer, professed to assist in the dispute and requested reports and evidence from Carina, but after she provided these, it started becoming apparent that he was actively acting for Earl, and soon after, he started litigating against Carina. With van Rensburg's help, Earl proceeded to attempt to cancel the agreement, based on three alleged breaches which were all seemingly engineered and were either remedied or impossible to comply with as a result of the duo's conduct. Despite Carina's legal team pronouncing the purported cancellation as a repudiation, Earl continued to file an eviction application. To add insult to injury, Carina's funds which she had paid into conveyancer-turned-litigator Van Rensburg's trust account as a deposit and transfer fees, have been used for a number of unlawful transactions. These include paying the seller's outstanding municipal rates bill of nearly R134,000, as well as payouts to the van Rensburg's own account, for inter alia the full transfer fee for the transaction which was never consummated, and an amount relating to the Earl's account with the firm. In short, it seems that some of Carina's own funds are being used to litigate against her.

Van Rensburg has now been reported with the Legal Practice Council (LPC) and the matter is currently with its Investigating Committee. It is common cause that this is not the first LPC report against Van Rensburg and his firm.

"The past year has been unbelievably tough to say the least. My rights have been violated repeatedly, and I have had no time or space to focus on family, work or "life" - it has been a consistent and inhumane fight with little reprieve, for what should be a sanctuary and a home. I have seen my life savings evaporate in front of my eyes due to the legal costs relating to the litigation and the scorched-earth strategy of an unbelievably aggressive attorney (who was supposed to protect my interest and treat me fairly), whilst the deposits and fees I paid to secure a home for myself and my children are in the hands of this very “conveyancer" and the seller who have vowed to take my home away from me because I would not relinquish my rights. They have been transacting with my funds, which - in the midst of this disputed cancellation - they claim have been forfeited and now belongs to Earl. I still wake up each morning (if I was lucky enough to sleep) in complete disbelief that this is actually happening." Carina Bruwer.

Carina has occasionally been blogging about her experience, and once the case has been heard, she will be able to share more comprehensive details with the media as well as property, legal and mental health organisations and through associated platforms and events. She has been funding the costly litigation from her savings and through taking on any extra work she can find, whatever it is. She remains committed to achieving justice, and hopes in future to be able assist vulnerable women whose rights are violated.

Feel free to send any queries you may have to [email protected]