South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

I signed and offer to purchase but upon inspection found…

Customer Question
Hi. I signed and...

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

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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.

Submitted: 2 years ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 12 hours by:
2/14/2016
Lawyer: CaseLaw, Attorney replied 2 years ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,711
Experience: BCom; LLB; Masters in Law
Verified

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

Ask Your Own South Africa Law Question
Lawyer: CaseLaw, Attorney replied 2 years 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

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CaseLaw Your Own Question
CaseLaw
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,711
1,711 Satisfied Customers
Experience: BCom; LLB; Masters in Law

CaseLaw 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

2,811 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 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

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
Please assist with a property sale gone wrong. The transfer
Hi, Please assist with a property sale gone wrong. The transfer attorney messed up the documents causing the documents to be rejected at the deeds office. They state that I did not obtain proper Guara… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,811 satisfied customers
Answers from Two Experts requested: Force majeure I would like to know what my mothers ri
Force majeure I would like to know what my mothers rights are concerning the following: She recently sold her home through an estate agent after the buyer took 6 months to bring the funds in from over… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi I am in the process of buying a house, and have already
Hi I am in the process of buying a house, and have already paid 20% deposit required by the bank as well as the registration and bond transfer fees. It has now come up at the lodging stage that the ba… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,811 satisfied customers
Good morning In Feb 2013 I made an offer to purchase a house
Good morning In Feb 2013 I made an offer to purchase a house that was accepted. Due to a delay at the deeds office, I took occupation of the house on 1 July before transfer had passed. I was paying oc… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
In the case of a residential property being sold, who is responsible
In the case of a residential property being sold, who is responsible for providing the registered plans of the property? If the plans provided by the seller does not coincide with the improvements on … read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
May an attorney appointed to do a transfer of property, deduct
May an attorney appointed to do a transfer of property, deduct monies which is being claimed by the seller(occupational rent, legal fees, etc) of the property from the deposit paid by the purchaser af… read more
CaseLaw
CaseLaw
Attorney
Master's Degree
1,711 satisfied customers
Hi, we put in an offer to purchase a property, subject to a
Hi, we put in an offer to purchase a property, subject to a structural engineers report. When we went to the seller to sign off the structural engineers report and sign the adendum to the offer, more … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi I recently bought a property and the transfer hasnt
Hi I recently bought a property and the transfer hasn't gone through yet. I contacted the attorneys who notified me that there is a delay because the municipality wont do the rates clearance because t… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
Hi This is a very long and complicated situation , so i have
Hi This is a very long and complicated situation , so i have tried to condense it as much as possible. We signed a deed of sale with the sellers , with the normal voetstoots clause (house is sold as i… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Good Day. We saw a house for sale which we liked. We contacted
Good Day. We saw a house for sale which we liked. We contacted the Estate Agent and arranged a viewing. The website listed the house as "Renovated to Perfection" and it was so. Looked very good. We as… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
Hi I would like to know where i stand and what my options
Hi I would like to know where i stand and what my options are with regard to a property my wife and i are purchasing. We have signed an offer to purchase and specified certain repairs which needed to … read more
Barendb
Barendb
Master's Degree
777 satisfied customers
Good morning, hope you can assist. I signed an offer to purchase
Good morning, hope you can assist. I signed an offer to purchase a property, for weeks the estate agent said the owner is overseas and she has not been able to get hold of them and thus could not conf… read more
Bert274
Bert274
Attorney
Master's Degree
481 satisfied customers
Good Morning, I am in the process of purchasing a new home,
Good Morning, I am in the process of purchasing a new home, however the property is occupied by tenants.I would like to take occupation by the 29th of June 2012. 1.How do I cover myself and make sure … read more
Bert274
Bert274
Attorney
Master's Degree
481 satisfied customers
Seller warranted that he/she has "approved plans" of the property
Seller warranted that he/she has "approved plans" of the property for sale. This has,since, proved untrue. May I cancel the Offer to Purchase?… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
if a clause in a contract states .....No agreement to cancel,
if a clause in a contract states: .....No agreement to cancel, alter or add to this agreement shall be of any force or effect unless signed by both Seller and the Purchaser. Question: My offer to purc… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
We have a signed an offer to purchase with an existing tenant
We have a signed an offer to purchase with an existing tenant on 1 November 2010. The offer to purchase was signed subsequent to the lease agreement. During the lease the repair of some loose tiles wa… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I signed a purchase offer for flat in Cape Town. The bank came
I signed a purchase offer for flat in Cape Town. The bank came back with a much lower property evaluation. I went and withdrew the offer. I am now being sent a legal document stating that I own the ow… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I am in the process of buying a property.I have signed an offer
I am in the process of buying a property.I have signed an offer to purchase, the bond was approved. I just need to sign the bond registration papers. After viewing the place (at this stage) I am not h… read more
CaseLaw
CaseLaw
Attorney
Master's Degree
1,711 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