Question posted in the Consumer Protection Law category relating to KwaZulu-Natal
Good day, we had our house on the market for approx 1 year before signing an offer to purchase on the 1 April this year. The Agent involved advised us mid July that transfer was expected within 6 weeks at which time we hurridly moved my Daughter and Son in Law out of our income based cottage into a rental unit at a cost of R14 500 per month excluding utilities. We were further advised in August that the Council would not issue a rates clearance due to some building plans that had not been approved. We had previously done alterations to our property and were advised by the builder that these had been attended to who subsequently died thereafter. Due to the delay our Purchase placed us in Mora at a cost of approx R900 per day to which the Agent advised us that he was well within his rights to do. The transfer has still not gone through due to the time frame involved with the Council - this has cost us an additional approx R20 000 to have the plans redrawn and fast tracked through to approval. At no stage did the Agent make any reference to the plans at all - had we of been aware that there was a problem with them we would have had them attended to during the time that it took for the house to sell. My question is, could the Agent be held liable for not educating either the Purchaser or ourselves, surely this is something that she would be dealing with in the course of her daily work? I have spoken to her Office Manager who advised that they are protected by an Annexure to the offer to Purchase - I did ask for a copy of this as I could not recall seeing anything and on receipt see that my Husband (who was undergoing chemo at the time) had signed in my absence, although we are both the legal owners of the property. The Purchase has not signed at all and the Agent who is an Intern had signed it off herself. On calling the Office Manager and mentioning this he told me that the document was of no relevance at all. I am confused, all we did was sell our house, through an Agency, and have ended up with no income from our cottage since the end of August, a rental comitment elsewhere, being placed in Mora and incurring financial loss to ourselves. I have had not dealings with the Agent for the past few months.