Good day, Please could you advise what t...

Asked by Anastacia on 26-10-2022 20:49:08
Question posted in the Property Law category relating to Western Cape

Good day, Please could you advise what the costs would be for assistance with the below matter? My husband and I purchased our first home in Ottery in 2016 and decided to sell this year. The new purchasers then requested for the building plans as the house has an entertainment area built on. When we requested the plans from the city, we were informed that no plans had been submitted for the structure and therefore it is illegal and we were not aware of this when we purchased the house. The property sale has gone through and the purchasers have moved in on 10/06/2022

Are we liable for the fees to have the plans drawn up (including any penalties)?

Can we take the previous owner to court to cover the costs (from whom we originally purchased the property)?

Are we protected by the "Voetstoots" clause?

Your feedback and guidance would be greatly appreciated 

Message from the Lawyer

Posted by Att. Patrick on 22-11-2022 22:35:47

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.

Are we liable for the fees to have the plans drawn up (including any penalties)? --> No, you are not. Not unless it was a clause in the sale agreement that you warranted (promised) that there were approved plans for your house. 

Can we take the previous owner to court to cover the costs (from whom we originally purchased the property)? --> See above. 

Are we protected by the "Voetstoots" clause? --> Yes. Certainly.

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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