Question posted in the Property Law category relating to Gauteng
On the 26th of February, I paid a attorney (chosen by the seller and agent) money into the trust account for a property which was misrepresented. On the 3rd I call the attorney to cancel the sale which he then indicated that the money was in their account and was due to be transferred on that day. Since then they have been telling me stories and its over a month now and they do not want to refund me my money. They taking me from piller to post and don't want to give me my money.
What measures can I go to in hopes to get my money back. I paid R650000 for the property and R19500 for the transfer costs.
Answer to the Question
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.
What you need to do is to formally cancel the sale agreement, in writing, and demand the repayment of your deposit.
If the seller does not accept your cancellation, then you will need to apply to court for a declaratory order that you were within your rights to cancel the sale agreement and get your money back. You'll need to cite the seller as the first respondent and the conveyancing attorneys as the second respondent.
What you can also do is to tell the conveyancing attorneys to pay you back, or be included in a court case.
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.