Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 250.00
Please can I get advice on our current situation.In October 2019, we signed an offer to purchase a property in Newlands West. We proceeded to apply for a homeloan to which we were approved. In December 2019 we were requested to pay both attorneys (Transfer/Bond), this was paid by us.We had a verbal agreement with the seller that we can move into the property by March 2020 without being charged a rental as the property was being vandalized due to it being empty. That seemed like a good idea at the time as we thought that the property would be transferred within a month or so. To make the property liveable we had to renovate it, which we did.It was only after the transfer attorney attempted to lodge, we found out that the extension to the property was not passed and therefore could not be transferred. We were receiving an invoice from the seller for utilities used, this was paid on a monthly basis. In July/August we were harassed by the seller who now wanted rent. We agreed to pay rental but only up until December 2020 as we have agreed to buy the property and not rent it furthermore they did not disclose to us that the extension to property was not passed and the transfer will be delayed.We have managed to obtain transfer In January 2021. The seller is now harassing us for January 2021 rental which has now increased by R1000. This was not agreed to & I feel we have been more than understanding throughout this ordeal as the monies that were paid as rental could have been paid towards our bond. Furthermore. if they had disclosed that the property was not passed and would take 15 months to transfer, we would not have committed ourselves.Please can you provide us with advice as to what can be done in such a situation.