Good dayI would like to know what my rig...

Asked by Marizanne on 14-04-2021 10:04:43
Question posted in the Property Law category relating to Free State

Good day

I would like to know what my right as a purchase of a fixed property is in relation to the seller for a offer to purchase. I recently wanted to buy a townhouse, on 1st of April we negotiated the selling price between the seller, the agent and myself. I then completed and sent the offer to purchase with the agreed amount to the agent, offer expiring on 8 April at 17:00. 

The agent informed me that the contract was with the seller and they would sign before she would pick it up on 8 April at 17:00. On the 8th I received a call from the agent informing me of another offer, that she haven't been and she didn't show anyone else the property, but I can increase my offer within the hour if I still wanted the property. I didn't think the other offer exist and in return didn't increase my offer, as we had already negotiated the amount a week before and I only got an hour to increase the amount. 

On the 9th I received my signed offer to purchase, but in the email it stated that my offer wasn't accepted since another offer which came in on the 8th was higher and accepted. However on the signed otp the dates where the seller signed was changed from the 7th when no other offer was available to the 8th. On the page of the commission agreement the date was also changed, here from the 6th to the 8th. 

Since the document was clearly signed before another offer was available and prior to the second offer do I have any right to argue the matter of losing the property?

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