How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WCLawyer Your Own Question

WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14764
Experience:  L.LB (UOVS)
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

We purchased a property in a retirement village on the 24/2/2013

Resolved Question:

We purchased a property in a retirement village on the 24/2/2013 from a couple who no longer wanted it and at the time it was up to roof height. We signed with the agent and were told we would be in August/September latest. Since then Feb nothing has been done as the builder was having financial problems that we were not told of when we bought. As we were going over seas for 2months they asked us to pay in for any extra's that we had chosen as we did not want the tiles or kitchen that the original buyers had chosen this we did we were told to go to the same supplier this we did. When we got back from our holiday not a thing had been done.
To cut a long story short we are living in a rented apartment as we sold our place and we are now told that they want to go the real rights way so we are waiting to see if the original purchaser is going that way and the rest of the people as we have to get a completed house which is what we were promised
What I want to know is if we cancel and want to get our money back can they sue us for breech of contract which they have threatened to do, but they must have known about all the problems on site when they agreed to sell to us
We are now out of pocket for a lot of money and being 70+ years of age we can't afford to lose this and would now like to buy another place as we are fed up living out of boxes as all our stuff is in storage since February.
Can you let us know where we would stand in this and we did not buy from the builder direct but from the first owner and as far as I know the property is not registered in his name yet.
Regards
Mrs MarXXXXX XXXXX
Submitted: 11 months ago.
Category: South Africa Law
Expert:  WCLawyer replied 11 months ago.
Good day.

This is an info request to assist you better. Please continue on this thread.

Did they contractually agree that they will be finished by a set time?
Customer: replied 11 months ago.


not in writing only verbal

Expert:  WCLawyer replied 11 months ago.
And when you bought, it was said that you will get full title in the complex, but now they are saying that you will only get a life right?
Customer: replied 11 months ago.


No not life right REAL RIGHTS and the first owner we bought from he has to sign up for this we bought a completed house from him when it is finished

Expert:  WCLawyer replied 11 months ago.
Just to confirm, the building is still at the same level of completion it was in since February?
Customer: replied 11 months ago.


yes building still sitting as it was in February the people we bought from have to go real rights way and the land has to be registered in his name first once completed whenever that is we then take transfer of completed house from him but we don't know when it will be completed

Expert:  WCLawyer replied 11 months ago.
Final question: Are you paying for this property through a bond?
Customer: replied 11 months ago.


No we have just paid the deposit also paid for the tiles and extra's separately and that is held by the lawyer who will be doing the transfer eventually, we would be paying cash from the funds from the sale of our previous property, we just want to know can he sue us if we want to pull out this is effecting our health we are so under stress not good at our age.

Expert:  WCLawyer replied 11 months ago.
The thing is that, you are entitled to delivery of the thing purchased within a reasonable time. That has been indicated to you to be end of September 2013. So, just as much as they can argue that you are in breach of contract if you refuse to go ahead with the transfer, just as much can you argue that they are in breach because they are unable to give you delivery of the property within the time frame that they have promised.

Potentially, the fact that nothing is in writing could be a problem, but since it is clear that they would not be able to give you delivery within a reasonable time, in my opinion, you would be able to cancel based on their breach.

I would advise you to make use of an attorney, though, even from the start, since there are a lot of technicalities surrounding the cancellation of an agreement to make sure that they cannot enforce the contract against you, or claim damages.

I am not sure what else I can advise you on, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively. I do not get anything unless you rate the service.
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14764
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
< Last | Next >
  • http://ww2.justanswer.com/uploads/tumi65/2009-12-28_9197_BABA_I_FRIENDS_013.jpg PHINEAS MOTAUNG's Avatar

    PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
  • http://ww2.justanswer.com/uploads/emil102/2010-05-04_160842_IMG000806.jpg Emil's Avatar

    Emil

    Attorney

    Satisfied Customers:

    33
    BCom Law LLB, 3 years post article experience as attorney
  • http://ww2.justanswer.com/uploads/Lurine/2010-10-04_101308_LCP.jpg LCP's Avatar

    LCP

    Attorney

    Satisfied Customers:

    21
    BCom (Stell) LLB LLM
  • http://ww2.justanswer.com/uploads/KimGAtt/2009-11-04_164526_Profile.JPG K. Groenewald's Avatar

    K. Groenewald

    Attorney

    Satisfied Customers:

    19
    LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
  • http://ww2.justanswer.com/uploads/SA/SATOPLAW/2013-9-13_13566_IMG20130304WA000.64x64.jpg Shaie Zindel's Avatar

    Shaie Zindel

    Attorney

    Satisfied Customers:

    1052
    All areas of commercial and contract Law - specialist in property advice.
  • http://ww2.justanswer.com/uploads/IN/inciteadvisor/2013-9-5_193316_incitead.64x64.jpg inciteadvisor's Avatar

    inciteadvisor

    Commercial Lawyer

    Satisfied Customers:

    814
    B.Com LLB Registered Corporate lawywer
  • http://ww2.justanswer.com/uploads/AN/AntonSmith13/2013-2-21_17147_Snapshot.64x64.png AntonSmith13's Avatar

    AntonSmith13

    Attorney

    Satisfied Customers:

    45
    LLB, LLM, Cert. International Law Attorney with 12 years experience