Hi there, I am in a process of buying a ...

Asked by the Customer on 15-07-2014 08:39:54
Question posted in the Property Law category relating to KwaZulu-Natal

Hi there,

I am in a process of buying a house, i signed the offer to purchase last year November and the loan was approved this year Jan, there were conditions on the OTP that the owner of the house had to meet in order for the bank to release the money. He had to do some repairs which included electrical repairs, he only started with the repairs towards the end of April and still did not complete them. It is now July 7months later and we are still waiting for him to finish the repairs, there seem to be an issue with the electrical repairs that they have been trying to sort out for 2months now. On the OTP it does not mention the date of occupation so it basically could take all year before we move in. I want to cancel the OTP because the owner cannot perform his conditions. I signed the bond papers with Nedbank but they won’t release the money until the repairs are done, and im sure they are also about to cancel the bond because it’s been so long.

I have paid the owners attorneys the transferring fees, i want to know if i cancel the OTP will i get the money i paid them back? And will i be liable to pay any cancelation fees? And lastly will i be able to get another loan? Wont this give me a bad name?

Regards,
Lungi

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