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Thread: Help,, Seller in breach of offer to purchase

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    Help,, Seller in breach of offer to purchase

    We finally found our dream home, and after 9 months of the most horrible transfer process, we have more drama.
    Our property was registered on the 29th of September, and it is now the 14th of October, the seller hasn't given us the keys yet, and hasn't paid us occupational rent.
    His excuse, is that he is still looking for suitable property to rent.
    I would like to know, whose responsibility it is to get him to move, and to get the keys. Our agent is useless, her excuse is that she can't get a hold of him. Is it our responsibilty to pay a lawyer to get him out. If so, this is very unfair, we have already spent so much money buying the house.

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    Diamond Member HR Solutions's Avatar
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    I would start "renovations" on YOUR property - An angle grinder cutting into a wall or concrete makes a lot of dust .....
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    Site Caretaker Dave A's Avatar
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    It's a contract law issue, I think.

    What does your contract say on the issue of vacant occupation?
    The trouble with opportunity is it normally comes dressed up as work.

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    Our offer to purchase states that, "Possession passes to purchaser on registration of the transfer. If the transfer is registered before the purchaser takes occupation, the seller shall pay the purchaser occupational rent, from the date of transfer.
    He hasn't paid us yet, and the agent doesn't seem to be putting any pressure on him.

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    Diamond Member HR Solutions's Avatar
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    Quote Originally Posted by TasneemO View Post
    Our offer to purchase states that, "Possession passes to purchaser on registration of the transfer. If the transfer is registered before the purchaser takes occupation, the seller shall pay the purchaser occupational rent, from the date of transfer.
    He hasn't paid us yet, and the agent doesn't seem to be putting any pressure on him.

    I had a property once that the rent was not paid. I locked them out - so when they got back that night they couldn't get in .... to MY property !
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    Gold Member Houses4Rent's Avatar
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    Locking him out would most likely be illegal. What is the conveyancer doing about it? Have you spoken to the agents principle/HO? They will probably do little and can probably do little to as contract is between seller and buyer.
    I seller still did not find anything else after 9 months he never will. You better seek legal advise. I think he is a illegal occupant and needs to be evicted and all costs will hopefully be awarded to him.
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    Site Caretaker Dave A's Avatar
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    As you might gather from the clause you quote, possession and occupation are two different things.

    Is the contract silent on the issue of when occupation must be given to the purchaser?
    The trouble with opportunity is it normally comes dressed up as work.

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    Hi

    You may be right, our contract doesn't say much about occupation.
    But it does say that he has to pay us occupational rent in advance. He hasn't bothered to that. In the meantime, we are paying rent and had to pay our first bond installment.

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    Platinum Member sterne.law@gmail.com's Avatar
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    Transfer of possession must be as a vacant property.
    The "tenant" is an unlawful occupier.
    Start an eviction process.
    It can be done in mag court and can be moved through quickly if attorney follows the timelines.
    Seeing as seller has money, consider an urgent interdiction to attach it, so you know your fees will be covered.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Hi Anthony

    Thanks for the advice.
    Do you know how long this process could take?

    This guy really doesn't want to move, he keeps stalling, and he doesn't answer our calls. Our transfer took 8 months, he took 2 months to hand over the electrical compliance certificate. He had about 9 months to find another place, and he still hasn't made a move.

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