Good dayHope you are well.My husband and...

Asked by the Customer on 14-04-2020 13:11:13
Question posted in the General Law category relating to Gauteng

Good day

Hope you are well.

My husband and I are currently in a unexpected dilemma.

My husband works at the admin block for a public hospital in Jhb and i assist parents. I do their bookwork, payments, advertising, quotations, signage and a few other things. I do so out of love, they struggle but somehow get by.

My husband and i took a big leap end February, we are not risk takers. We decided to sell our little flat and buy another little place for work and family responsibilities reasons.

Husband and I sat for hours for a few days calculating and seeing how we would get by. 

We showed parents the property and they understood why we wanted to move.

With tears, nerves, nausea and whole bunch of other emotions... we had decide what to do.

We trusted the agents and the guidance they gave but we still hesitated. We decided to not buy the property.

Later the day the agent called us with a plan and we had to think about this plan. They were slightly pushy which i understand as they need to make a sale.

Also, in the meantime time, we met the sellers and we liked them, did not want to let them down or let them lose the home they had an offer on. 

What we did in offer to purchase was add 2 conditions 

We needed to have 100% bond approval Registration of property only take place 31 July.

The reason for 31 July was to help the sellers not to have to pay occupancy fees as their home would only be available from 31 July. 

It also gave us 4 months and 3 weeks to sell our property. The agent said if we add that it depends on sale of our property and a cash buyer comes along, we lose the home. They said we could not add all the conditons. Had to choose

Also at the time of making the decision, we had someone who would assist us with bond and transfer fees etc. and we would pay them pack monthly.

We no longer have that assistance as Covid 19 caught us all unaware. They too are in big trouble and cannot assist with money for fees.

FNB has approved 100% loan.

Please can you help me. What rights do we have? Are we allowed to ask registration of property to be extended and give us the months and weeks we needed? We also need to get fees in hand but not sure how.

Can we postpone or cancel the purchase?

The one time we take a leap, it all fails terribly. We are not fancy people. I drive a 1995 Hyundai and husband 2nd hand 2010 Ford Figo.  He has worked for government hospitals for 30 years, very loyal and loves helping his co-workers. If there is a need, he brings work home and gets it done. I have been with him at his work... i clean his office once in a while and help tidy up. He is amazing with the staff. He offers up things so that his staff can have instead. 

My husband is so stressed and i have now added to it with the property story. 

I have been looking for work dor a long time, sending out CV, sending messages, asking people I know... i dont mind working, my only concern is how my parents will cope, they cant afford to employ someone. Mom is starting with dementia, therefore dad needs me more. I am also the only child.

Besides cleaning my home, i do look for things to do to earn something. Last year I painted parking lines, i fixed security cameras, etc.

I know everyone around the world is in a state, panic, and not knowing what lies ahead.

Maybe you, the person reading this email has huge challenges too and i am burdening you with my story. Im sorry for troubling you. I hope you and everyone else facing the trials, will succeed and see it through. Oneday look back and we all say "we made it". 

Please can you assist us. I would like to know what we can do. We will lose both homes and not because we did not plan and calculate... Covid 19 surprised us all.

Thank you for reading my email. Its mean so much to me.

You keep strong, safe and healthy. We can get through this.

Take care

Sam

Message from the Attorney

Posted by Att. Patrick on 15-04-2020 20:53:50

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

First, the agent lied to you. There is no reason why you could not have made the sale of your house also a condition to the sale. He told you the truth about the cash purchaser, but you could have made your purchase subject to three conditions - 100% bond, sale of your house, and transfer end of July.

Second, it sounds as if you have fulfilled the conditions. The sale is therefore an unconditional sale and I think that you'll need to go through with the sale. You'll either need to breach the sale (and suffer the consequences) or negotiate a cancellation of the sale with the seller, or go through with it.

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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