Legal advice - Property transfer

[l4y3rcake]

So my wife and I had recently purchased a property that is currently used as short term furnished rentals. Can the transferring attorneys willingly delay the registration and transfer of the property because of bookings that were made after the signing of the OTP? Surely the transfer should commence as per normal and occupational rent should be paid to me?

[JScottP]

No, the Conveyancer cannot unnecessarily delay transfer, and if the seller is causing the transfer delay by not fulfilling their side of the process, you are able to put them in Mora and seek damages. 

If I were you, I would request the conveyances to put in writing why transfer is being delayed, and take the appropriate action from there.

[l4y3rcake]

On 10/2/2021 at 7:39 PM, JScottP said:

No, the Conveyancer cannot unnecessarily delay transfer, and if the seller is causing the transfer delay by not fulfilling their side of the process, you are able to put them in Mora and seek damages. 

If I were you, I would request the conveyances to put in writing why transfer is being delayed, and take the appropriate action from there.

Thanks for this. I'm contacting an attorney this morning to write a letter of demand. I have the reason for the delay in writing on an email where the attorney states that occupation is impossible before a certain date, and thus the transfer as well, because of the tenancy/bookings that are confirmed until this date. We were never consulted about the bookings or the occupational date.

 

 

[Duane_Bosch]

What does the offer to purchase say? That's a legally binding contract.

Edited October 4, 2021 by Duane_Bosch

[l4y3rcake]

 

43 minutes ago, Duane_Bosch said:

What does the offer to purchase say? That's a legally binding contract.

Occupational rent of xx amount due to the party who holds legal rights to the property from the date of registration/transfer. Also states occupation on the latter of 1 Oct or registration so I think he trying to protect his client. So basically they had clients booked until the end of september and covered themselves, then took on more bookings, so now they would have to hold back registration for me not to have legal rights to move in before tenancy is terminated.

Edited October 4, 2021 by l4y3rcake
Terrible gramar

[Patensie]

Another spanner in the works: "Huur gaat voor koop." Once registration is complete, you will not be able to cancel an existing rental agreement(s), but you will have the right to receive rent as owner of the property. But that is my memory from 1996 property law. How this will work in practice with occupational interest is quite interesting????‍♂️...

Ping Harryn...

 

 

[l4y3rcake]

34 minutes ago, Patensie said:

Another spanner in the works: "Huur gaat voor koop." Once registration is complete, you will not be able to cancel an existing rental agreement(s), but you will have the right to receive rent as owner of the property. But that is my memory from 1996 property law. How this will work in practice with occupational interest is quite interesting????‍♂️...

Ping Harryn...

 

 

Thanks Patensie. I consulted a lawyer and once the letter was sent things started moving very quickly. We just want to move in and get our lives going. We chucked the "Huurt voor koop" at them which shook things up very quickly as we would legally be entitled to any income derived in the period that the house is registered in our names. We wouldn't have any issues with evicting existing tenants as its short term(Airbnb type) furnished rentals. Everything is resolved and I had forgone the huurt voort koop, to just get things going, and will be receiving occupational rent for probably 2-3 weeks which should cover my rent for the extra month. I really didn't want any litigation to unfold.