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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1336
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I bought a flat as an investment towards the end of July and

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I bought a flat as an investment towards the end of July and as it was a cash deal I paid in full.I was assured by the estate agent that the transfer whould be done by the end of September.The lawers who are dealing with the transfer inform me that the seller has not paid the rates and is waitng on the City of Cape Town to adjust the rates.As I''m a pensioner I bought the flat to let it out to assist with my income.At this stage no one knows when the transfer will happen.(I would like to cancel the deal and get my money back) Please advise if this would be possable
Good afternoon,

You will not be able to summarily cancel the deal. You will have to send the seller a letter of breach of contract. His breach is that he has not promptly paid the rates and ensured a smooth transfer and as a result you are suffering damages through lost rental. You will need to give him 10 days (this period could be longer or shorter depending on what the sales contract stipulates) within which to remedy his breach otherwise you will have the choice to claim specific performance (get an order to compel him to perform his duties as seller) and claim damages, or cancel the contract and claim damages.

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