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Thread: Help with breach of contract - property purchase

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    Help with breach of contract - property purchase

    Hello all. Couldn't find an appropriate forum but if someone can help it would be greatly appreciated. I need some direction regarding breach of contract (purchase of house). Basically signed an offer to purchase with a buyer. There were no suspensive conditions. The buyer now wants to cancel the agreement and has ignored requests for guarantees from the conveyancing attorneys, citing certain "apparent" loopholes in the contract. I want to approach the courts to enforce the contract. Not interested in suing for damages. What would such action typically entail (process?) and cost and how much time will it take? Of course, if I'm successful, the buyer will be liable for costs as per the signed contract however attorneys I've approached request typically R20k deposit and they have no idea what typical costs would be - almost like paying a blank cheque. I don't have a problem paying but I do not want to end up paying an attorney and getting nothing in the end...

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    You can lead a horse to water, but you can't make it drink.

    Quote Originally Posted by A Holi View Post
    I want to approach the courts to enforce the contract. Not interested in suing for damages.
    If you mean "get the court to force the buyer to buy the property" by "enforce the contract", I suggest you'll be sorely disappointed with the results. Courts make awards in Rands & cents for civil actions such as these, and for good reason.

    Put the seller in mora, and sue for damages if it comes to that.

    On costs - how long is a piece of string?
    It depends on how much of a fight ensues.

    Quote Originally Posted by A Holi View Post
    I don't have a problem paying but I do not want to end up paying an attorney and getting nothing in the end...
    No-one does. But if you're not prepared to lose the money (which is near always a possibility in litigation), I gently suggest it isn't really worth pursuing.
    The trouble with opportunity is it normally comes dressed up as work.

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