Question posted in the Property Law category relating to Gauteng
Hi, i was in the process of buying property but i decided to withdraw as i believe seller breached contract. I added a condition in the otp that seller has to settle all historical debt before house is transferred in my name however sellers attorneys provided me with addendum that seller will settle only a portion equal to2years of debt as per municipal act section 118.I informed the attorneys that i am withdrawing from the sale. The agent now wants to charge me their professional fee and further says the seller is entitled to keep all the deposit and transfer costs i have already paid as per otp. I feel this is unlwaful as the seller is the one breaching contract hence my withdrawal. I already paid deposit and transfer costs to the lawyers. Before everything i asked the agents for municipal bill of the house and they did not provide it to me and rather assured me verbally and in texts that the seller said the house did not have any debt and that a certificate of clearance can only be issued when all municipal debt is paid by the seller. The attorneys only informed me about the debt now two months after signing OTP. I told them i want all my money back by the agents,attorneys and sellers want to charge me penalties and keep all the money i already paid. Can i get my money back and further sue the agents and seller for undisclosed crucial information and lying to me? I also want to claim all attorneys fees from them as i now have to seek legal representation. Please advice. Thank you