Im in the process of buying an apartment...

Asked by Anonymous on 16-03-2020 16:38:18
Question posted in the Property Law category relating to Western Cape
Question value: R 0.00

Im in the process of buying an apartment.I signed an OTP for a transfer to take place in the 1st of March.The transfer did not happen as seller is having troubles evicting the tenant.Registration was lodged by the seller's lawyers at the deeds office for the 1st of March.However since the tenant was there the seller requested that to cancelled and re-lodge once he managed to evict the tenant.Its now 16th of March and the seller has not re-moved the tenant yet.I feel being incovinienced as I planned to move in by the 1st of March soon after.I had a lease which was up by end of feb.I cant look for another flat as I would have to sign a lease possible 6months or 12months.I dont know when the transfer will take place and to re-lodge means a delay of another two weeks approximately.I can't plan on my time and find a place as the seller hasn't given a go ahead to re-lodge.I want to sue the seller for incovinience and lack of planning as the tenant should have been evicted when the lease ends.

Ask your OWN Legal Question!

Answer to the Question

Posted by Att. Patrick on 18-03-2020 07:56:01

Getting a tenant out is hard work, and it could take a long time - in fact, sometimes up to 6 months!

My advice is that you should take transfer of the property now, then you evict the tenant, and then you claim the costs of eviction, and your damages from the seller. 

Otherwise, you must let the seller evict the tenant, sign a 6 month lease somewhere else, and then sue the seller for your rental costs. 

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.