Is the home buyer in the right?

[Vetplant]

35 minutes ago, Vetplant said:

Was his offer subject to the selling of a different property? 

Was it subject to obtaining a 100% bond from the bank? 

This gives some clues. 

Sorry, this won't resolve your dispute actually. But it would just be interesting to know whether he ever took care of a home himself. 

[i24]

Your conveyancer is supposed to represent the seller. Although the OTP normally obliges the seller to pay your conveyancer's fees and the estate agent will be very quick to recommend their own tame conveyancer.

So ask your conveyancer for their advice. The buyer will likely back down if the conveyancer says it is their responsibility.

But as I understand it a "patent" defect, which can be seen on inspection, is the buyers responsibility. A "latent" defect, which cannot be readily seen on inspection, and the seller new about but failed to disclose to the buyer, can be the sellers responsibility.

 

[Dusty]

I would want to move on if I were you. I would fix it and move on. Losing sleep over a shower door is not worth it.

[Vetplant]

16 minutes ago, Dusty said:

I would want to move on if I were you. I would fix it and move on. Losing sleep over a shower door is not worth it.

@mecheng89, I deduce from your handle that you are fairly good with your hands. Can you maybe just pop-in at the old house with your toolbox over the weekend and fix the problematic door yourself?

I don't think you are obliged to replace it, just make it functional again. It is most likely just a dirty rail or hinge. If it is a part that needs replacing just pop into Gelmar, cheap fittings galore

And while you are there, just ask the guy to return his man-card to you, you will distribute it to someone worthy.

Even if it isn't my responsibility, I would much rather do that than argue about it via lawyers.

[mecheng89]

15 hours ago, Vetplant said:

Was his offer subject to the selling of a different property? 

Was it subject to obtaining a 100% bond from the bank? 

This gives some clues. 

1. No, I believe he was renting previously.

2. Yes

Now to add something more trivial IMHO - new owner now complains about a leaking underneath the sink! I can assure you this is not the case. Just waiting for the next "problem" to surface. 

[fanievb]

32 minutes ago, mecheng89 said:

1. No, I believe he was renting previously.

2. Yes

Now to add something more trivial IMHO - new owner now complains about a leaking underneath the sink! I can assure you this is not the case. Just waiting for the next "problem" to surface. 

Tell him to go fly a kite.

How long has he had occupation?

Did he have occupation before transfer (assuming transfer has happened already)?

[mazambaan]

Hmmm, sounds cheeky and my advice would be to get your conveyancer out of bed for an opinion, maybe a legal letter. Otherwise compromise; he gets three quotes, pick the lowest, go 50:50 and "without prejudice". I am no lawyer though.

[NotSoBigBen]

It's probably time the Estate agent/conveyancer earn their money! Let them do the fighting not you

[mecheng89]

4 hours ago, fanievb said:

Tell him to go fly a kite.

How long has he had occupation?

Did he have occupation before transfer (assuming transfer has happened already)?

Literally 48 hours. 

No, the deal was upon registration, seems pretty common. 

[mecheng89]

3 hours ago, NotSoBigBen said:

It's probably time the Estate agent/conveyancer earn their money! Let them do the fighting not you

Sad bit is it seems she's fighting more for the new owner.. 

[Pure Savage]

The flat roof in our place has started to leak like a sieve and transfer has not gone through yet, she says she will have it done in Jan after transfer has gone through, I hope she keeps to her word.

On the other hand, our house the massive pergola collapsed off the wall in the large storm we had 3 weeks after transfer. The new owner claimed for insurance and had it replaced as it happened during a storm. Pity they did not save the massive bourgonvilla.

[Pure Savage]

I dont know our buyers name or number. 

 

I still have a set of keys I need to give them.

 

I am not being much help, but I would just say that is in the state they bought it and was not deemed an issue.

 

You can just lawyer up and send them a letter, is it worth it over a shower door? I am not sure.

[mecheng89]

Hi all. Reviving my own thread LOL, but now the SELLER of the house I want to move into is giving me grey hairs (actually, adding to what I have already). 

What can I do if the seller has ADMITTED (long after the OTP has been signed) that they don't actually have the money to sort everything out before the property can even be registered at the deeds office (expensive electrics and a mystery second bond)? One error we have made was to not stipulate in our OTP the required deadline. 

[Duane_Bosch]

3 hours ago, mecheng89 said:

 

What can I do if the seller has ADMITTED (long after the OTP has been signed) that they don't actually have the money to sort everything out before the property can even be registered 

This isn't a problem. The transfering attorneys pay this and then the seller gets his proceeds net of those deductions. Standard practice.

[greys]

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Edited March 11, 2022 by greys

[mecheng89]

20 hours ago, greys said:

useful to read. I just bought my first house

Why thank you!