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  • Profile photo of Andrew-Scott-MusicAndrew-Scott-Music
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    @andrew-scott-music
    Join Date: 2007
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    Existing legislation in SA forbids payment for land by more than 3 instalments, which is why wraps are illegal in SA. 
    If we had a lease option contract that provided for that portion of the tenant's payment that was in excess of fair market value to be deemed an option fee, could that portion be classed as an instalment towards the purchase price? 
    If a Residential Tenancies Agreement was in place to cover the fair market rent of say $200 per week, and also there was a separate option agreement that cost the tenant $100 per week, would this be legal under the existing legislation?
    What about under the proposed legislation?  Could the option fee be voidable?
    It could be argued that the tenant is not required to pay above market rent under the option contract, because their obligation to pay rent is only under the Residential Tenancies Agreement
    Any ideas?

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