Asked by the Customer on 19-01-2016 12:38:01
Question posted in the Property Law category relating to Western Cape
Question posted in the Property Law category relating to Western Cape
Hi. I am in the process of purchasing a property , however the property is occupied by the old owner thus I would need your advice. The 'old owner' was in arrears with his bond and turned to a family friend for assistance. The family friend advised that he would assist on condition the 'old owner' sell the property to him. What I do know is that the property was sold below market value. The sale was concluded legally almost 2 1/2 years ago and the 'new owner' now wants to sell. Does the old owner have any legal grounds to prolong the sale if he is by the means? Regards Waleed
Message from the Attorney
Posted by Att. Patrick on 19-01-2016 15:44:31
Hi there and thank you for your question,
Unfortunately, the old owner doesn't have any legal grounds for delaying or refusing the new owner from selling the property. If the new owner wants to sell the house, then he is entitled to do so. The new owner is the registered owner of the property, and unless the old owner registered a restriction against the Title Deed which stops the new owner from selling it, the new owner can do whatever he wants with it.
Obviously the old owner might think that this is unfair, but he did sell his property - and with that, he gave up his rights to the property.
Does this assist in your question? If not, please ask further for clarity.
Unfortunately, the old owner doesn't have any legal grounds for delaying or refusing the new owner from selling the property. If the new owner wants to sell the house, then he is entitled to do so. The new owner is the registered owner of the property, and unless the old owner registered a restriction against the Title Deed which stops the new owner from selling it, the new owner can do whatever he wants with it.
Obviously the old owner might think that this is unfair, but he did sell his property - and with that, he gave up his rights to the property.
Does this assist in your question? If not, please ask further for clarity.
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