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South Africa Law

I sold my house and the transfer of ownership has been done.

Customer Question
Good evening, I sold my...
Good evening, I sold my house and the transfer of ownership has been done. The new owners are complaining about the damp in some walls in the house and the want the me (the seller) to repair them. The transferring attorneys they now want to retain a portion of my proceeds. I would like to know if the retention is legal and who is responsible to repair the damps in the house sold.
Submitted: 1 month ago.Category: South Africa Law
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Answered in 2 minutes by:
11/14/2017
Lawyer: barristerinky,
 replied 1 month ago
barristerinky
Category: South Africa Law
Satisfied Customers: 39,064
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

1..Just to be clear, are you in Wyoming or South Africa because your question shows both locations?

.

2. Was there any written seller's disclosure that disclosed any damp areas?

.

3. Were you aware of any damp areas?

,

4. Was the house sold "as is" without any type of warranty?

.

5. Did the buyer have an opportunity to inspect the property?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
1.South Africa
2.No
3.not until I removed clothes from the wardrobe and remove curtains
4.yes
5.yes he had an opportunity to inspect the house.
Lawyer: barristerinky,
 replied 1 month ago

Ok, I have to opt out as I am US based... the moderators will move the question to the proper category

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Customer reply replied 1 month ago
Thanks I'll be waiting
Lawyer: CaseLaw, Attorney replied 1 month ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,633
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

No, the conveyancing attorneys are NOT allowed to retain any portion of your funds. You appointed the conveyancing attorneys to attend to the transfer. They are your attorneys and they act on your instructions. If you give them written instructions to pay out your sales price to you, they must do so.

They are not liable for any damp / costs to repair the damp, so why should they get involved in the dispute, the "potential dispute".

If you knew about the damp problems, and didn't tell the purchasers, then you are liable.

If you didn't know about any damp problems, then you couldn't have told the purchasers, and they would be liable.

If the damp problems came about after you sold the house, then obviously you couldn't have known about the issues and couldn't have told them. They would be liable.

Since the house was sold with a "as is" warranty, I am of the opinion that the purchaser will need to attend to the damp problems.

What I'm talking about above is really a "non-disclosure" of an issue. If you knew, then you're at fault. If you didn't know, then you're not at fault.

If my answer hasn't provided you with enough clarity regarding your initial question, 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 - don't 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

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