Page 1 of 4 123 ... LastLast
Results 1 to 10 of 31

Thread: How far can I stretch "breach of contract" in a property sale?

  1. #1
    Email problem
    Join Date
    Sep 2008
    Posts
    4
    Thanks
    1
    Thanked 1 Time in 1 Post

    How far can I stretch "breach of contract" in a property sale?

    Roughly 16 months ago I purchased a property. One of the conditions of sale included some small fixtures that were to be retained in the property
    Upon taking possession of the property I noticed that these fixtures were missing and asked the agent to request them from the seller.
    I have to date, not yet received these items...

    Given that the value of the property is roughly R900 000 and the value of the fixtures are, at most, probably a few hundred rand, what is the likelyhood of me being able to void the sale of the property due to the seller's breach of contract?

    Any advice?

  2. #2
    Bronze Member Sieg's Avatar
    Join Date
    Oct 2006
    Location
    Durban
    Posts
    126
    Thanks
    0
    Thanked 52 Times in 30 Posts
    Stephen

    Has the property already been registered in your name? If not, I suggest that you obtain a quote for the replacement costs of the items that the Seller should have left behind in terms of the sale agreement, then take this to the conveyancer and ask them to delay registration of transfer until the items have been returned or replaced or the conveyancer confirms that the amount will be deducted from the Seller's proceeds and paid over to you on registration. Also ask the conveyancer to send the Seller a "breach" notice as per the agreement.

    If transfer has already taken place, you will probably not be able to cancel the sale but can claim for the value of the items. It will be within the Small Claims courts' jurisdiction so it will be relatively inexpensive for you.

    Good luck!

    Sieg

  3. Thank given for this post:

    Dave A (11-Sep-08), Stephen (11-Sep-08)

  4. #3
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,736
    Thanks
    3,321
    Thanked 2,688 Times in 2,265 Posts
    Blog Entries
    12
    There's nothing quite like clear advice from a really good property lawyer. Thanks for helping on this one, Sieg.

  5. #4
    Email problem
    Join Date
    Sep 2008
    Posts
    4
    Thanks
    1
    Thanked 1 Time in 1 Post
    Okay, then...

    Thanks for the advice. Much appreciated...

  6. #5
    Bronze Member Sieg's Avatar
    Join Date
    Oct 2006
    Location
    Durban
    Posts
    126
    Thanks
    0
    Thanked 52 Times in 30 Posts
    Stephen

    Would you give the Forum some feedback in due course?


    Sieg

  7. #6
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,736
    Thanks
    3,321
    Thanked 2,688 Times in 2,265 Posts
    Blog Entries
    12
    I've got to agree with Sieg. It's helps to hear how things work out, and it's absolutely great to hear when things went well.

  8. #7
    Email problem
    Join Date
    Sep 2008
    Posts
    4
    Thanks
    1
    Thanked 1 Time in 1 Post
    Thanks for the encouragement... But I don't think I will be pursuing this.
    Transfer has already taken place (many moons ago) and the effort involved in trying to claim for fixtures worth possibly (at most) two hundred rand, is just not really worthwhile.
    If I could demand a billion rand settlement, then that might be the way to go...
    Otherwise...?

  9. Thanks given for this post:

    Dave A (15-Sep-08)

  10. #8
    New Member
    Join Date
    Oct 2008
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I had the same experience with the purchase of my property, however the replacement damages was about R 70 000.00 removal of items by the seller. We held back an amount of only R25 000.00 for damages however we were demanded to make payment based on the voetstoets clause.We used Weivand and Weivand attorneys to defend the matter but got nowhere just a bill from the attorneys valued to R12 000.00 including a summons to make payment. So we lost out and had to pay the R25 000.00. So basically u have no rights in this country.

  11. #9
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,736
    Thanks
    3,321
    Thanked 2,688 Times in 2,265 Posts
    Blog Entries
    12
    I hear you about the legal bill. You really have to look before you leap with litigation nowadays.

    Were these fixtures removed after the acceptance of offer to purchase, Gerry?

  12. #10
    New Member
    Join Date
    Oct 2008
    Posts
    5
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Yes this was done after offer to purchase was signed. The sellers made emphises on all the light fitting in the home and how well the outside was lit up. They removed these and replaced them with cheaper light fitting. They removed doors, ceilings,buildt in cubboards, cutail rails and the lsit goes on. Their lawyers kept putting pressure on us to sign the transfer based on the voetstoets clause. We were told we had a good case with Weivand & Weivand attorneys and they let us down the day before going to court. Said we should rather pay them the R25 000.00 we held as retention as it would be difficult to proof that they were the ones that removed the items.

Page 1 of 4 123 ... LastLast

Similar Threads

  1. Property prices going down
    By Dave A in forum Business Finance Forum
    Replies: 26
    Last Post: 04-Sep-08, 10:21 AM
  2. Rates on Sectional Title Units
    By Sieg in forum General Business Forum
    Replies: 1
    Last Post: 29-Aug-08, 01:14 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
  •