Good Day, Could you please advise me on ...

Asked by lappiesrandi on 16-08-2014 22:18:02
Question posted in the Property Law category relating to Gauteng
Question value: R 280.00

Good Day,

Could you please advise me on Legal advice on the following property matter.

Me and my boyfriend bought a house together and signed an Offer to Purchase on 3rd of April and agreed on buying the house, with all furniture. After we to occopied on which we agreed upon, we were informed that the property was in an estate. Registration was promised as normal procedures, meaning 6-8 weeks.

We are now in August and recieved communication from the attorneys, that the hold up is currently with the Exucuter. We've obviously spend about R15 000 on maintenance done by us.

We need to cancel the purchase of the house completely. We could not afford the costs financially and for personal reasons of the relationship.

What's the buyer's rights and would it be possible to do this? I require your assistance in this matter.

Please kindly respond as soon as possible.

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Information Requested by Lawyer

Posted by Att. Patrick on 17-08-2014 10:55:37
Hi there and thank you for your question,

This is a further information request. Please continue in this same question conversation so that I can see your reply.

What you have signed in a binding offer to purchase whereby you have legally and actually purchased a house. For all intents and purposes, you are the owner of the house.  The only thing let to do is to transfer the house into your name at the Deeds Office - and this is obviously where the hold up is!

You can't therefore simply "cancel" the agreement completely.

Normally, you would only be entitled to cancel the agreement if the seller was in breach of one of the obligations in the agreement. i.e. There could be an obligation that the transfer HAS to happen by a certain date. If so, that date would be included in the agreement.

If you could please go through the agreement and try to find a specific obligation that the seller has not complied with, that would help me answer your question better.

There could also be a condition precedent included in your agreement which needs to be fulfilled. i.e. you have to get bond approval from your bank. If there is such a clause, have you fulfilled it to the letter? If the personal reasons of the relationship are such that your bank won't give you a bond anymore, please let me know - as that would then constitute a failure of the conditions, and you would be released from the agreement!

Awaiting your further information.

Att. Patrick

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