Page 1 of 2 12 LastLast
Results 1 to 10 of 11

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

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1
    New Member
    Join Date
    Oct 2014
    Location
    Benoni
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts

    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.

  2. #2
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,358
    Thanks
    114
    Thanked 213 Times in 201 Posts
    I would start "renovations" on YOUR property - An angle grinder cutting into a wall or concrete makes a lot of dust .....

  3. #3
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    It's a contract law issue, I think.

    What does your contract say on the issue of vacant occupation?

  4. #4
    New Member
    Join Date
    Oct 2014
    Location
    Benoni
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts
    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.

  5. #5
    Suspended
    Join Date
    Mar 2013
    Location
    Had enough
    Posts
    3,358
    Thanks
    114
    Thanked 213 Times in 201 Posts
    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 !

  6. #6
    Gold Member Houses4Rent's Avatar
    Join Date
    Mar 2014
    Location
    Cape Town
    Posts
    803
    Thanks
    8
    Thanked 56 Times in 52 Posts
    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.
    Houses4Rent
    "We treat your investment as we treat our own"
    marc@houses4rent.co.za www.houses4rent.co.za
    083-3115551
    Global Residential Property Investor / Specialized Letting Agent & Property Manager

  7. #7
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    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?

  8. #8
    New Member
    Join Date
    Oct 2014
    Location
    Benoni
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts
    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.

  9. #9
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,332
    Thanks
    38
    Thanked 566 Times in 413 Posts
    Blog Entries
    7
    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.

  10. #10
    New Member
    Join Date
    Oct 2014
    Location
    Benoni
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts
    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.

Page 1 of 2 12 LastLast

Similar Threads

  1. [Question] Breach of deed of purchase by seller, help please!
    By Ruan Lauwrens in forum General Regulatory Compliance Forum
    Replies: 6
    Last Post: 26-Mar-14, 10:22 PM
  2. Help with breach of contract - property purchase
    By A Holi in forum General Chat Forum
    Replies: 1
    Last Post: 07-Dec-12, 02:26 PM
  3. [Question] Offer to Purchase Document
    By AmithS in forum General Business Forum
    Replies: 25
    Last Post: 13-Oct-10, 06:48 PM
  4. Breach of Purchase and Sale
    By Sherwyn in forum General Business Forum
    Replies: 4
    Last Post: 17-Nov-08, 02:43 PM
  5. Is your seller a non-resident?
    By Eugene in forum Tax Forum
    Replies: 0
    Last Post: 08-Aug-07, 05:22 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •