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Thread: Property sale - Is buyer in breach of contract?

  1. #1
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    Property sale - Is buyer in breach of contract?

    Hi all

    I am not sure where to post this , so please forgive me if its in incorrect place.

    We are having extreme issues with regard to a property we have purchased. The OTP was signed on 16 October and have complied with all requirements on our side whereby we have paid the transfer duty, the lawyers fees and a substantial deposit. An addendum to OTP was signed again asking for registration to take place on 31 January. To date the electrical, beetle and plumbing certificates have not been issued. There is a huge concern as well as when the owner built in 2011 to the approved plans which look in order, a certificate of occupancy was never issued. This along with certificate of occupancy is required by by bank in order to lift retainer on bond. We have tried in unsuccessfully with conveyancers to put seller to task but they are not budging and or the seller does want to commit or sign anything. We have sold and moved out of our home on 01 December 2017 and have been staying with family since then. Apart from this ii have had to put our household contents in storage as well as extra expenses to get the children to school in our area we bought in.

    The agent was in house recently and the house is in an extreme state of neglect, additional issues have accumulated since we viewed the house in october last year. Ie. driveway gate broken, geyser not working in flatlet, plaster falling off ceiling etc.

    We have obtained legal counsel and a letter of demand has been issued to seller / converyancers last week and they have until this friday to feedback.

    Are we liable for any costs if this goes south. If the seller is in breach are we able to get our deposit back as well as laywer and transfer fees. Can we claim for damages as well?

  2. #2
    Site Caretaker Dave A's Avatar
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    The answer to most of your questions are issues of Contract Law and dependent on the details of your contract(s).

    One could speculate and assume, but -

    Quote Originally Posted by Gizmowp View Post
    We have obtained legal counsel and ...
    ...this is who you should be relying on for legal advice on your position.

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