Asked by the Customer on 17-06-2014 12:45:36
Question posted in the Property Law category relating to Western Cape

Hi, I have a little dilemna, regarding a property sale. I am a house-purchaser from a private seller, who has appointed his brother as the transferring conveyancer.

No estate agents are involved.

We signed the deed of sale in Nov2013, I deposited 60% of the purchase price on the 15th of Dec. The conveyancer informed me on the 8th of Jan that they had applied for the rates clearance.

We came to know through the city of cape town, that the seller has outstanding rates of R50,000.00 which we had not been informed of and that had been delaying the rates clearance.

We enquired from the attorneys which they then informed us that they had cleared the outstanding rates amounts on behalf of the seller.
I also noticed that the payment had come from the trust accounts of the conveyancer and not the seller.

We finally got the rates clearance on the 9th of May and they then had to apply for other clearance and guarantees from the cancellation bond attorneys.

In the meantime, I am being inconvenienced as I have lost R10,000.00 in interest on the deposit I made 6 months ago, which contractually abiding and paying occupational rent.

Is there a way or application I can make to report my financial inconvenience due to the delays in the transfer?

Thanks.