South Africa Law

Get Your South African Law Questions Answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

South Africa Law
This answer was rated:

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

from a couple who no...
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
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 2 minutes by:
8/26/2013
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
Verified
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?
Ask Your Own South Africa Law Question
Customer reply replied 4 years ago


not in writing only verbal

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?
Ask Your Own South Africa Law Question
Customer reply replied 4 years 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

Just to confirm, the building is still at the same level of completion it was in since February?
Ask Your Own South Africa Law Question
Customer reply replied 4 years 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

Final question: Are you paying for this property through a bond?
Ask Your Own South Africa Law Question
Customer reply replied 4 years 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.

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
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
Verified
WCLawyer and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Ask WCLawyer Your Own Question
WCLawyer
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
15,603 Satisfied Customers
Experience: L.LB (UOVS)

WCLawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,705 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,248 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

169 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
I signed an OTP for a property off plan & paid R400k
I signed an OTP for a property off plan & paid R400k deposit. My husband at the time agreed to sign as guarantee, now my ex he refuses to. The developer is running late & if r 5 months late with the t… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I have question regarding my boundary wall. The wall is
Hi there. I have question regarding my boundary wall. The wall is built on my side of the property and my new neighbour wants to increase the height of the wall. He does not want to compromise with th… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
If I am found with cat drug in my system but not a dealer or
If I am found with cat drug in my system but not a dealer or any actual drug on me will I get arrested? And would I get a criminal record. This is for South Africa… read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
My car was pund and they reused to give me the claiming i
my car was pund and they reused to give me the claiming i need to pay a fine if i dont have a proof that the car used be out of the country after each 6 months. Kindly advice which act and rule is tha… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My car had a mechanical break down in August last year,
HiMy car had a mechanical break down in August last year, subsequently we took it to a repair shop in Johannesburg, Darren and son. After much debate about the cost of the repair we agreed to fit a us… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
If the police in Gauteng come to your house and you have
if the police in Gauteng come to your house and you have taken cat for recreational use, not at work and not driving, will they have the right to arrest you and if they do a test and find that it is p… read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
If I am found with cat drug in my system but not a dealer or
If I am found with cat drug in my system but not a dealer or any actual drug on me will I get arrested? And would I get a criminal record. This is for South Africa… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
There are three of us in CC who own a property. Split is
There are three of us in CC who own a property. Split is 60/30/10. Can the 30% shareholder sell shares without consent of 60% shareholder. The money in the account covers the outstanding bond so for t… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
Please verify if the following leave policy can be enforced:
Please verify if the following leave policy can be enforced: The Company's annual leave cycle commences on 01 February and terminates 31 January of the following year. Employees may only carry over a … read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
Is it legal to charge interest on interest under South
Hi "Is it legal to charge interest on interest under South African law? I was charged interest on overdue account in June 2017 and then the following month was charged further interest on this amount … read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
You assisted me in November with an ex parte motion advice
Good day, You assisted me in November with an ex parte motion advice when I locked out my tenant out of a commercial property for 3 days. The Sheriff came and took the keys and gave them back from me … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I was verbally abused, humiliated and sweared at (crimen
I was verbally abused, humiliated and sweared at (crimen injuria?) through my personal WhatsApp Voice messages. I was threatened by publishing a video and photos and emailing family. … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
I work for CBRE GWS Facilities Management. We are currently
Second opinion] Hi, I work for CBRE GWS Facilities Management. We are currently being told that we have to register with the NBCEI. Is this correct? The principle business that we conduct is Facilties… read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
I would like to ask what are my sister's rights in this
Dear Pearl, I would like to ask what are my sister's rights in this matter. My sister has a 6 year old son whom she got when she was dating a Cameroonian guy from University. Their relationship ended … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
Please can you furnish me with the definition of attempted
Hi Please can you furnish me with the definition of attempted murder in SA Law. Do all criteria need to be fulfilled? … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
Which law governs immigration officers in RSA? There are
Hi, which law governs immigration officers in RSA? There are many instances where immigration officials arrest and detain immigrants unlawful. Some do this when you refuse to bribe them, now I would t… read more
Christiaan K
Christiaan K
LLB
169 satisfied customers
Must a Home Owner's Association have its own account, or may
Must a Home Owner's Association have its own account, or may the attorney collecting the levies use his normal trust account for levy collections and the keeping of the levies? … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Thanks, I was just reading through a previous question.
Hi, thanks, ***** ***** just reading through a previous question. Anyway. I now live in the UK, having sold a business in South Africa. The transaction included the use of my business e-mail. Unfortun… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x