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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1559
Experience:  BCom; LLB; Masters in Law
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I signed and offer to purchase but upon inspection found

Customer Question

Hi. I signed and offer to purchase but upon inspection found that certain additions was done to the property that was not part of the original drawings. The support structure that was added seems fairly new and I am concerned that it was added due to stability of the upper level. the house upper level is made from wood. Can I cancel my offer to purchase if I request a signed drawing of the additional support but the seller is unable to provide such drawing
JA: Thanks. Can you give me any more details about your issue?
Customer: I signed the offer to purchase on Friday the 12th in the morning but went for a inspection in the afternoon. I am concerned regarding the stability of the upper level that is entirely from wood. For some reason the seller only provided drawings of the lower level but do not have drawings of the upper level.
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Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Depending on the wording of your sale agreement, and depending on whether the support structure is material or not, you may be able to cancel the sale agreement. You might however be bound by the sale agreement but will be able to recover the costs of rectifying the problem from the seller.

There are some excellent articles here which are exactly on point!

Building plans and voetstoots

The importance of obtaining approved building plans from the seller

I should also draw your attention to the fact that IF your sale agreement is subject to you obtaining a bond, and you want to get out of the sale agreement, then you should TELL your bank (whichever institution is going to provide you with a bond) that there are no plans for the house, and that there might be defects in the property. The bank will then most probably refuse to give you a bond, which would then mean that the conditions in the sale agreement won't be fulfilled, and the agreement would fail. You would then be excused from the sale agreement!

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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