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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1287
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I have bought a cluster that was in the process of being built.

Resolved Question:

I have bought a cluster that was in the process of being built. I didn't buy from the developer but from the person he had sold it to. I have an agreement with the seller and they have an agreement with the developer. There is now an issue with regards XXXXX XXXXX As per the building contract between the developer and seller all extras are to be submitted with a quote and accepted in writing by the seller. This was not done. As per the contract as gas stove was to be installed and I have emails from the seller telling me that there would be a gas stove. I provided the stove (as I wanted a specific model) and have now been told that I have to pay in R6500 towards the installation of this stove. Personally I feel that this cost (as well as many other discrepancies) are to be sorted out between the seller and the developer. The seller says I must deal with this. I have now put the transfer of the property on hold as the developer is holding the keys to the house until I pay him R27000 for extras - there are no invoices or proof of costs etc provided even though I have asked for them multiple times. Can he do this? Secondly, what else can I do?
Submitted: 11 months ago.
Category: South Africa Law
Expert:  WCLawyer replied 11 months ago.
Good day.

I trust you will find this answer beneficial. This is an info request to assist you better. Please continue on this thread.

Just to confirm: Did you order the extras?
Customer: replied 11 months ago.

Please see info below:


 


Hi Ntobeko & Glen


There is a discrepancy regarding expectation on the sale of unit 6 Rocklea Close which I have detailed below:


1. First communication regarding representation of gas stove – see original email (Annexure A)


2. All gas costs based on representation of gas stove and Standard Schedule of Finishes supplied to be covered by existing owner. The fees for gas connection are to be resolved between the contractor and seller – not for my account. See Finished attached (Annexure B)


3. In good faith I paid a deposit for the additional requests made by myself taking the existing signed Standard Schedule of Finishes into account. To date I have not received any form of financial reconciliation on this figure. I still require this in detail – see attached proof of payment (Annexure C)


4. I refer to Variations Unit 6 email dated 26 July sent at 13h25 (Annexure D). I see the builder refers to the 1st4 points as paid. It is not clear as to how much was paid, by whom and from what funds.


There is a list below of additional expenses incurred by the contractor. This consists of expenses that are both due to be paid to the contractor by either myself or the existing owners.


See Table below that details each item and indicates whose expense it is. It takes into account the R10 000 already paid by myself and PC amounts for items replaced on my schedule by myself which are due to be credited by contractor








































































































































6 Rocklea Close - Account Recon



Contractor



Seller



Murrae-Ann Erfmann



Supply saloon bath



 



 



R 7 999.00



Supply bath trap



 



 



R 299.90



Supply Mixer



 



 



R 3 499.00



Free standing pipe



 



 



R 2 299.00



Move one plug to accommodate new kitchen layout



 



 



R 850.00



Supply new plug in cupboard (chased from bedroom wall to ceiling)



 



 



R 1 950.00



Supply new outside plug



 



 



R 850.00



New water point for fridge



 



 



R 1 100.00



Re plumb to allow for saloon bath



 



R 2 700.00



 



Move stove isolator to comply with gas requirements make good and tile



 



R 1 100.00



 



Supply door joints from Traviata



 



 



R 1 010.00



Gas installation including valves,full gas bottle,and gas certificate excluding labour .



 



R 3 191.00



 



R 0.00



R 6 991.00



R 19 856.90



Stove PC Amount



 



R 3 000



I supplied stove therefore this amount should be refunded



Floor PC amount - R85/m2 for 72m2



 



R 6 120.00



There needs to be a refund as Andy only supplied installation



 



 



 



 



R 9 120.00



Amount due by existing owner



R 6 991.00



Amount due by Murrae-Ann Erfmann for extras



R 19 856.90



Less Credit due for PC amounts



R 9 120.00



 



R 10 736.90



Less R10 000 deposit paid on 21 Jan 2013



R 10 000.00



Amount due by Murrae-Ann Erfmann



R 736.90



 


5. A formal snag list was presented verbally on site on Saturday 20th July and was followed up in writing on 22nd July. See attached email (Annexure E)


6. Hollywood Garage Discrepancy
The agreement of sale refers to the approved Schedule of Finishes as my agreement with the current owners. This clearly indicates the roof of house and garage to be pitched at 26 degrees and covered in terracotta coloured cement tiles with on tile overhang.

The underlined part of the phrase above has not been delivered on. I do expect the garage to be sealed so that no seepage or overflow from the existing gutter floods into the garage. This is currently not the case and it needs to be rectified – not at my cost.


Kind Regards


 


Murrae






On 30 July 2013 17:33, Ntobeko Phakathi <XXXXX@XXXXXX.XXX> wrote:

Hi there,

Please see response. Will chat to you to resolve this.

Regards,
Ntobeko
Sent from my BlackBerry® wireless device

-----Original Message-----
From: Andy Kolver <XXXXX@XXXXXX.XXX>
Date: Mon, 29 Jul 2013 10:56:07
To: <XXXXX@XXXXXX.XXX>
Cc: <XXXXX@XXXXXX.XXX>
Subject: RE: Variations unit 6



Hi Ntobeko

Murrae must look at the addendum which is for labour only. The amount of R10000 was accepted taking into account credits for items not installed.

The approved plans show a carport which is not sealed.

Snags will be investigated.

Gas installation is only that and does not include for 'hardware'

Regards

Andy


Andy Kolver
Galaxy Projects



Expert:  Barend B. replied 11 months ago.
Good afternoon,

I believe this matter is a contractual issue, and since I don't have both contracts (seller-developer & seller-you(purchaser) ) to peruse, i can only advise in general. You will be well advised to consult an attorney and show him the contracts.

The extras have been agreed upon between seller and developer. Therefore the seller is responsible for the costs thereof, and if he does not wish to bear the costs any further, he will have to reduce the selling price accordingly, because you entered into the sales agreement with him on the understanding that he is responsible for the extras that he has agreed with the developer.

If the contract between the developer and the seller included an extra item, namely the gas stove, you will have to determine what was the amount agreed upon for the installation of the said stove. If your stove requires different or more expensive installation (and it is not a case of a simple equipment swop) then you'll be responsible for the amount that is in excess of the installation costs agreed upon between the seller and the developer.

If the seller confirmed that there would be gas stove, then you're only responsible for the costs that exceed what was agreed upon between the developer and the seller (labour and equipment).

The developer can only retain the keys if there is a clause in the contract that entitles him to do so. He can not do that, even with such a clause, if he does not disclose how the amount is made up. This why it would be important to consult an attorney, because you might need to bring an application for access to those documents and further an application for an interdict to compel the developer to release the keys to you. He should actually look to the seller for payment, as his agreement is with the seller. Unless your agreement with the seller states that the developer may look to you directly for payment. The contents of these agreements are crucial.

Regards,
BB
Customer: replied 11 months ago.

Thank you.


 


Is there a specific type of lawyer that I must consult eg Conveyencer?

Expert:  Barend B. replied 11 months ago.
It would be helpful if the lawyer is also a conveyancer, because he would be able to advise you as well with regards XXXXX XXXXX process of registration and so forth, but you need to find a lawyer that has a strong background with property law and contract law.

Regards,
BB
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1287
Experience: BLC LLB (Pret) LLM (Augsburg)
Barend B. and 2 other South Africa Law Specialists are ready to help you

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