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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1591
Experience:  BCom; LLB; Masters in Law
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Real estate sale bridge of contract, I need to know if i

Customer Question

Real estate sale bridge of contract
JA: Real Estate issues can be tricky and expensive. The Lawyer will need to help you with this.
Customer: I need to know if i bought a property from someone im i not entitled to receive my keys and the property with no ocupants as per agreement?
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: The seller promised that the ocupants will move out after the sale and she will clean the property and hand me the keys, but now seems to distance himself from the whole issue as the ocupants refuse to move out
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
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.

Yes, you are entitled to receive the keys and vacant occupation of the property on date of transfer. As soon as you are the registered owner of the property, you can receive possession/occupation of the property. This means that the transfer has to first be registered at the Deeds Office.

If the seller doesn't give you vacant occupation (i.e. there is a tenant, or the seller refuses to move out) then it is a breach of the agreement and you can sue the seller for damages.

You might also need to evict the occupants from the property by using a PIE Eviction application. You should be warned that you will need to use an attorney for that, and it might cost upwards of R10,000 - but you can recover those costs from the seller as part of your damages.

I am afraid that I am not allowed to refer you to a specific attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at www.southafricanlawyer.co.za

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

Customer: replied 1 year ago.
I am aware of eviction costs and how expensive they are, however i really don't want to get involved in evicting the ocupants but rather get the property unoccupied as per our agreement.the property is registered in my name but im not prepared to accept it with ocupants or deal with them in anyway whatsoever.What legal steps should i follow as from now?
Expert:  CaseLaw replied 1 year ago.

If the property has already been registered in your name, then you have accepted it with the occupants. Your ONLY option is to evict them and then claim the legal fees back from the seller. The basis of your ability to claim the costs back from the seller is as a result of breach of contract. The only other thing that you can do is to demand that the seller evicts the occupants (in your name) and instructs his own attorneys to assist, and pays the costs himself.

There is literally nothing else that you can do. Somebody needs to evict them!

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 see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw