Question posted in the Property Law category relating to Western Cape
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
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.
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!