Hello.Im in the proses of buying a prope...

Asked by Henru on 13-08-2021 22:00:01
Question posted in the Property Law category relating to Gauteng


Im in the proses of buying a property.  The OTP terms are as follow, Subject to viewing, Subject to bond approval and a deposit of said amount should be payed.

Im working over seas and is currently in Mongolia.  We were given Power of Attorney paper by the estate agent and filled it in as instucted for my wife to sign in my behave. The problem is that the Power of Attorney is inccorect and the bank does not want my wive to sign the documents. 

My terms of the contract is met and i told the transfer attorney that i will sign the papers as soon as i get back( i dont know when that could be). The transfer attorney then told me that the seller is not willing to wait and is now requesting a bank guarantee of loan approval. This is not in our OTP. only subject to bond approval is in our terms, which we sent it to them.

They have now put me under terms and must provide the bank guarantee within 30 days otherwise i am in mora of contract. 

The only way to get the guarentee is to sign the bond aproval documents and im currently un available to sign as i am working on a mine site in the middle of the gobi desert.

Are they allowed to put me on term even though my terms of the contract have been met?

Can they put me on terms without giving me a notice of a breach that i might have done?

Information Requested by Lawyer

Posted by Att. Patrick on 14-08-2021 23:28:38

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.

I think that the POA which you signed gave your wife the power to sign the OTP on your behalf, but not the bank loan documents. That's probably the issue. 

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!

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