Good morningI bought a residential flat ...

Asked by Johnny on 07-09-2021 10:41:17
Question posted in the General Law category relating to Gauteng

Good morning

I bought a residential flat on 5 March 2021. A 2nd bond was taken on another property I own to finance the purchase. The bond was approved and guarantees given by 7th April. All that was required for registration was clearance from the body corporate and the municipality. There was an issue with the municipal account for outstanding electricity which the seller would not pay and this delayed the registration process.

Eventially in July 2021 I took occupation of the property without discussing it with the seller or his agents.

On 6th August 2021 I was adviised that the documents were lodged with the deeds office so the municipal account issue must have been resolved somehow.

Yesterday 6th September, I was sent a proforma invoice by the attorneys which included  3 months occupation rental.

My questions :

1. Must I pay the occupation rent.

2. If so, can I successfully invoice/sue the seller for damages, namely the occupation rent, which would not have been necessary if the seller had not delayed the process due to non payment of the municipal account. I have already been paying for the 2nd bond since April 2021.

Information Requested by Lawyer

Posted by Att. Patrick on 10-09-2021 13:16:58

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.

If you occupied the property, then it is normal that you would pay occupational rental for that period. 

If the transfer was delayed as a result of a breach by the seller, and you then incurred damages being the payment of the occupational rental, then in theory you could hold the seller liable for those damages. 

But I think that your issue is that you took occupation of the property without discussing it with the seller ... this might mess up your damages claim.

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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