Good day,Myself and my mother are in the...

Asked by Lee on 11-08-2021 17:26:04
Question posted in the Property Law category relating to Western Cape

Good day,

Myself and my mother are in the process of purchasing a property. It is a deceased estate and we were aware of this upfront. All documents have been signed and transfer attorney fees have been paid. The transfer attorney is now saying that the property was never transferred from the mother to the father and therefore the transfer and registration cannot take place. The seller and the transfer attorney has approached us for  occupational rent offering us a fair deal while they sort out the executorship in order to finalize the transfer process. My question is, is there anything regarding this process that might have a negative impact on us as the buyers?


Answer to the Question

Posted by Att. Patrick on 12-08-2021 13:17:24

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, even if it is R150 or R200.

The executor must sort out the issues because at present, and based on what you've explained, they can't legally transfer the property directly to you.

You have 2 choices - the first is to cancel the agreement because of the impossibility of performance, and the second is to say that you still want to proceed (either you take possession only when you are the owner, or you pay occupational rental while you wait and then you can move in now).

The negative impact is that you will be paying occupational rental to somebody else, instead of paying the mortgage bond to your own bank.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, 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 deposits for their questions - they get serviced first!

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


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.