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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1346
Experience:  BLC LLB (Pret) LLM (Augsburg)
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In general how long is it acceptable seller

Customer Question

Hello,
In general how long is it acceptable for a seller to fulfil it's obligations of a purchase agreement for fixed property?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.
Hi there and thank you for your question,The normal test to calculate the time period is to ask the question: "What is a reasonable period of time?" Unfortunately this is all attorneys normally have to go on. The reasonable time to obtain bond approval might be 7 days, but the reasonable time to have drawings drawn up for the house might be 14 days. It all depends. Can you give me an example of what you are talking about? Perhaps that will help me give my opinion.If there is something more specific that you need clarity on, please continue in this same thread. Let me know if you need more advice!I hope you found my answer helpful. If you did, PLEASE rate my answer & please leave me positive feedback! Good luck and best regards,CaseLawPlease note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
Customer: replied 1 year ago.
Thanks,My issue is as follows:
I signed a purchase agreement for a property in Feb this year and paid my deposit and all relevant duties within a couple of weeks, a month before the agreed date as the seller requested that they wanted this process to be completed quickly. I then had my pre-approved bond documents signed as well as the transfer documents, the seller was obligated in the agreement to provide an Electrical COC, Gas COC, a borehole test and a Electric fence CoC, the seller disputed the requirements thereof and the transferring attorney did nothing to assist me in this as required, eventually in May the transfer took place after only some of the obligations were fulfilled in May month. I incurred costs in rental of the same property until transfer date and dispute these based on the failure of the seller to fulfil obligations and failure of the Transferring attorney to ensure that these obligations were met. I did follow up daily and advised the attorney that I wished to put the seller on notice in terms of the purchase agreement that it was failing to meet obligations agreed and required by Law. I am now being threatened by the sellers personally as I refuse to pay for time delays caused by them purposely. They claim that a reasonable time for transfer is 3-4 months which in contradiction to the statements made by the attorney at the signature of documents. Please advise.
Expert:  CaseLaw replied 1 year ago.
Hi there,If the seller was obligated IN TERMS OF THE AGREEMENT OF SALE to provide an Electrical COC, Gas COC, a borehole test and a Electric fence CoC, then the seller must do this. Those clauses were inserted to protect you. He can't now argue that he should not need to comply with them.The reasonable time for a transfer of a property can be 3 - 4 months. The quickest it could happen is roughly 8 - 10 weeks, but 3 months is quite normal. Only if there are Rates issues will the transfer take 4 - 5 months.The transferring attorney will often give you a time indication based on a "best case scenario". You can't be bound to it, but you can use it as a rough estimate for things.Does that assist?What time delays is the seller requesting you to pay for? I don't understand that part? Is it occupational rental that you need to pay because you were already in occupation of the premises before transfer? Now you don't want to pay the occupational rental?
Expert:  CaseLaw replied 1 year ago.
Hi there again,
I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.
If you have a further question please ask it?
Regards
CaseLaw