Asked by the Customer on 22-09-2016 11:34:45
Question posted in the Property Law category relating to Gauteng
Hi,
On Sunday 11 September 2016, I signed an offer to purchase a house which was accepted by the seller. There is a clause that states that I must apply for the bond on the 1st working day which is Monday 12 September 2016. The estate agent sent part of the offer on Tuesday 13 September and insisted that I apply for the bond via her preffered bond originator which I refused. On Friday 16 September, my bond originator informed that there are missing annexures from the offer, I requested these from the estate agent which she did not supply till the offer expired on Wednesday 21 September 2016. The estate agency now wants to litigate as she says I'm in breach of the contract whereas she failed to supply me with all the relevant documentation. During the period when my bond application was in process, I received threatening e-mail from the transferring attorney that I must ensure that I receive the finance.
1. Am I in breach if the estate agency failed to supply all the neccessary documents?
2. Was it legal for the Transferring attorney to contact me before all suspensive conditions were met?
3. What is my legal recourse in this instance?
Regards,
Zanele
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