Question posted in the Property Law category relating to Gauteng
Good evening,
please can you kindly assist me .
I signed an offer to purchase( signed 25/10/2016)for a property of which only one bank approved a 90% bond(bank offer accepted 17/11/2016) . At the time I had agreed to fund the difference with my own money that I had saved.
due to unforeseen circumstances, my car had an accident ( 2/12/2016) , I now have to use that excess cash to fix my car. So I informed the agent(7/12/2016) who then told me to write a letter stating that I am withdrawing my purchase, which I then did and she said she will forward it to the lawyers.
now the attorneys want to institute legal action , which I understand they have a right to do in terms of the contract. But I will no longer be able to pay the difference.
I read the offer to purchase again and it stipulates I should apply for a bond for the full purchase amount, but it doesn't state that the contract will cancelled if the bond is for less than 100%.
Please advise what options I have, if any , in successfully cancelling the purchase without any legal action being taken against me.
Do I need to provide them with proof that I will no longer be able to afford it ? Am I compelled to seek further fundig to finance the difference? But surely this would put me in a worse off financial position? What about the effect this will have on my credit score if I'm gonna be apply for debt everywhere.
Conditions of contract :
pay R5000.00 deposit to secure unit
funding to be obtained by 21/11/2016.
Your assistance is greatly appreciated.
Kind regards,
Mbali