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Thread: Buying a problem property, vandalised after OTP was signed

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    Question Buying a problem property, vandalised after OTP was signed

    Hi, We are in the process of buying a property as "Voetstoets" which at the time of signing the OTP 1yr 2months ago initially only required cosmetic attention. the OTP also intially stated that we would move in by 1st Feb 2016. After some time there was a delay as the Sale was POA and the POA did not have the original docs so reapplication for POA was required. This delayed until August 2016 where the realtor requested for us to resign the OTP, they then state that we would move in "as soon as possible". A month or so later we visited the house and found that there was a break in and significant damage to windows, structure, electrical and other parts of the house. We called the realtor who said they are aware and were previously notified by the neighbours (but failed to inform us when they found this out). On asking what they will be doing about the situation they stated that the seller will fix up the place after the registration process is over and we paid for the house. a few weeks ago we visited the house again and even more damage was done, it also appeared that there are vagrants in the house. It also came to our attention that the house is declared a problem building and the council has been trying to contact the owner to fix up the property for over a year.

    Please advise if the seller has breached the OTP contract and if we should still be paying the full price for the property. What should we be doing to ensure that we don't have the responsibility of fixing damages that was done after the OTP was signed?

    thanks

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    Surely u had on condition clauses in you otp ????

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