1 question if rental was never part of the sale agreement prior to occupation and recently it get introduced am I obliged to pay

OP: Who is the "she" you refer to as representing the Seller?

Reading between the lines, could it perhaps be the case that the property was jointly owned by spouses married is community of property, and one spouse died (husband?) and then the surviving spouse signed an Agreement of Sale with you?
 
Arthur said:
OP: Who is the "she" you refer to as representing the Seller?

Reading between the lines, could it perhaps be the case that the property was jointly owned by spouses married is community of property, and one spouse died (husband?) and then the surviving spouse signed an Agreement of Sale with you?
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Yes, via the agent
 
Arthur said:
OP: Who is the "she" you refer to as representing the Seller?

Reading between the lines, could it perhaps be the case that the property was jointly owned by spouses married is community of property, and one spouse died (husband?) and then the surviving spouse signed an Agreement of Sale with you?
Click to expand...
Yes, via the age
 
OK.

Presumably the surviving spouse entered into the AoS without the deceased spouse's estate being wound up and his name being removed as a joint owner at the Registrar's office?

Spouses married CoP jointly own 100% of the joint estate. If the deceased spouse's name is still on the title deeds then his signature is necessary on the AoS until such time as his estate is wound up and the title deed is amended.

It is quite possible that your AoS can be voided since it has a fatal defect, though a technicality. Without the title deeds being first amended, the surviving spouse cannot unilaterally alienate the property without her CoP spouse's approval indicated by his signature.
 
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Simphiwe@dwera said:
I am not sure who appointed the conveyance. From what I am told is that the bond needs to be serviced but my question was how come as it's a late estate? Then I was told that there's a marriage of in community property it's confusing to me
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If the conveyancing attorneys are acting on the estate's instruction you cannot be held liable for the delay in them finalising the process. The bond servicing is irrelevant to you as it would be settled from the proceeds of the sale once they complete the sale process. The CoP is being raised most likely to indicate that there is another party (the surviving spouse) who is still liable to service the bond however in the absence of an occupational rent figure you should refer them to the clause stating N/A and advise relief will be realised once the conveyancers complete the process.

I would add my 2c that your occupation does not create tenancy as per your own agreement thus they could technically evict you in the interim and if you have made any changes to the property in the interim (improvement or other) they may seek reimbursement to reinstate and/or place a tenant until transfer is completed. Lawyers love technicalities especially where estates and surviving spouses may or may not be entitled to enter into agreement of sale. If it were me, I'd ascertain the expected remaining process time from the agent and then make a token offer in lieu of occupational rent for this time stating that any further would revert to the offer/agreement of sale at no charge.
 
Barbarian Conan said:
If the contract allowed you to live there rent free, I would think it would have stated "R 0".
I read "R N/A" as you won't be renting.

However, since you got the keys from them, and have been living there since Sept, it could be argued that your interpretation of not having to pay rent is more likely correct.

Have you asked the lawyers / estate agent?

What's holding up the sale?

Edit: They can't unilaterally change the agreement. You will have to agree to pay occupational rent. They could possibly also then try to evict you.

Occupational rent is not unfair though, and it's usually less than the bond payment + rates & taxes etc. You will have room to negotiate since you are living there at the moment.
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I don't know if I am not reasonable, but for me to pay rent on top of the sale amount that I paid, I feel like I am buying the house at a higher price
 
Simphiwe@dwera said:
I don't know if I am not reasonable, but for me to pay rent on top of the sale amount that I paid, I feel like I am buying the house at a higher price
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During the period which you occupy the property prior to the transfer it is not your property thus you are realising a benefit at the expense of the seller which is why occupational rent is common and usually determined and agreed to as part of the OTP/AOS upfront.
 
Arthur said:
OP: Who is the "she" you refer to as representing the Seller?

Reading between the lines, could it perhaps be the case that the property was jointly owned by spouses married is community of property, and one spouse died (husband?) and then the surviving spouse signed an Agreement of Sale with you?
Click to expand...
They say they Executor lawyer appointed by the seller} is the one delaying this matter and they are also saying still waiting for L&d
 
Simphiwe@dwera said:
I don't know if I am not reasonable, but for me to pay rent on top of the sale amount that I paid, I feel like I am buying the house at a higher price
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You mentioned paying cash? Therefore are your funds not in the attorneys trust account earning interest until transfer takes place? This should offset a large portion of your occupational rent.
 
quovadis said:
During the period which you occupy the property prior to the transfer it is not your property thus you are realising a benefit at the expense of the seller which is why occupational rent is common and usually determined and agreed to as part of the OTP/AOS upfront.
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So in short I must just pay rental to the convyears account? As stated
 
Gazbal said:
You mentioned paying cash? Therefore are your funds not in the attorneys trust account earning interest until transfer takes place? This should offset a large portion of your occupational rent.
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Yes the amount is in the trust.
 
Simphiwe@dwera said:
So in short I must just pay rental to the convyears account? As stated
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I would haggle based on your initial agreement stating N/A- leverage the agent by stating you'll contact the EAB for their opinion. They cannot retrospectively enforce a unilaterally-determined amount post agreement but they can be assholes about it.
 
quovadis said:
You are not necessarily entitled to interest on the amount in trust - that's a whole other conversation.
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Why not? You either stipulate with attorneys that funds must be invested in an interest bearing account for the buyers benefit or, if you are not happy with trust account interest rate, keep it at a financial institution of your choosing and provide guarantee to attorneys.
 
Gazbal said:
Why not? You either stipulate with attorneys that funds must be invested in an interest bearing account for the buyers benefit or, if you are not happy with trust account interest rate, keep it at a financial institution of your choosing and provide guarantee to attorneys.
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Since the OP seems to be completely in the dark I doubt he gave an explicit mandate?! ie. interest could be vesting fully or partially in the fidelity fund?
 
You pay occupational rent until the date of transfer. Usually ita negotiated rate
 
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