Help,, Seller in breach of offer to purchase

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  • TasneemO
    New Member
    • Oct 2014
    • 4

    #1

    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.
  • HR Solutions
    Suspended

    • Mar 2013
    • 3358

    #2
    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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    • Dave A
      Site Caretaker

      • May 2006
      • 22803

      #3
      It's a contract law issue, I think.

      What does your contract say on the issue of vacant occupation?
      Participation is voluntary.

      Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

      Comment

      • TasneemO
        New Member
        • Oct 2014
        • 4

        #4
        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.

        Comment

        • HR Solutions
          Suspended

          • Mar 2013
          • 3358

          #5
          Originally posted by TasneemO
          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 !

          Comment

          • Houses4Rent
            Gold Member

            • Mar 2014
            • 803

            #6
            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

            Comment

            • Dave A
              Site Caretaker

              • May 2006
              • 22803

              #7
              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?
              Participation is voluntary.

              Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

              Comment

              • TasneemO
                New Member
                • Oct 2014
                • 4

                #8
                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.

                Comment

                • sterne.law@gmail.com
                  Platinum Member

                  • Oct 2009
                  • 1332

                  #9
                  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.

                  Comment

                  • TasneemO
                    New Member
                    • Oct 2014
                    • 4

                    #10
                    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.

                    Comment

                    • HR Solutions
                      Suspended

                      • Mar 2013
                      • 3358

                      #11
                      Tasneem - I would not accept this at all. It is your property and yes you cannot just evict a "squatter" - but think about it another way - it is your property - start "renovations" and make life a little difficult for them - deactivate the gate, deactivate the garage motor if you have motors on them, go to the municipality and ask them to switch the power off, if you have palisade fence in the front, remove a few panels (its really not difficult to put them back) - Try to change the coding on the gate motor receiver while they are out, so that they can't get back in - rather let them come after you than you spend money going after them.

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