In Oct 2021 we bought a house which was ...

Asked by Nadia on 05-04-2022 15:58:39
Question posted in the Criminal Law category relating to Western Cape

In Oct 2021 we bought a house which was built on council ground from a couple living in the area. Due to this, the home does not have a legal address of ERF number. We bought part of the main home for 250k. We handed a R150k deposit and we have a written agreement that the balance would be paid off in 10k monthly installments. The house has another living space which the previous owners refer to as the separate entrance however it is completely attached to the home and but just closed off. They advised that this part would be sold to us once they've moved to Mozambique and in the mean time will be fixed up and used as a holiday home for when they come back to SA to visit. We created a agreement of sale. Included everything from the payment arrangement and also included that no one besides the owners could occupy the separate entrance and that under so circumstance could it be sold to anyone else besides myself and my husband. We still owe them 52k and on the 30th of March the female owner messaged me and advised that she will be visiting SA soon and we would need to get together to discuss the separate entrance. On the 31st my husband informed me that he had received many messages and voice notes from a well known unemployed man who has ALOT of money and flashy cars. This man informed us that the male owner whom is still residing in SA, had given him a visit and insisted that he should buy the separate entrance the next day.  Once we confronted the owners they first tried to deny it but we told them we had proof, they then told us that they were in need of cash and that they were tempted to sell to the man as he has the cash. Yesterday they then informed us that we have until Wednesday, (tomorrow)to come up with a 30k or a 70k cash if we want the place to be ours. They wanted to go behind our backs and breach the contract we have without us knowing. Is there anything my husband and I can do? I am afraid we will not have this money tomorrow and they will sell regardless of the contract agreement we have in place. The guy they want to sell to has also previously been involved in illegal gun activity, rumours of selling drugs etc. I am afraid to raise my kids under one roof with someone like this. There must be something we can do. I time is limited, they had given us until tomorrow. Thank You so much and looking forward to you reply.

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

Disclaimer

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.