Beware when buying a Property in Possession

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MandM

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We made the mistake of buying a Property in Possession from a bank in August (note that it was not an auction, the bank themselves bought the house on auction, because the auction offers they got was not enough). We were informed that the previous owner would vacate the property by the 1st of October, which suited us perfectly as we moved out of our previous property on the 28th of September. Apparently the bank does not guarantee a vacant house, but no one bothered to point this out to us when we signed the contract. To make a long story short, the previous owner (a known con artist – if only we knew this before we made the offer on the house!) is now refusing to move and telling lies at every opportunity he gets. The house was transferred to our name in this week, but we are forced to live with family and friends who took pity on us, even though we paid approximately 77% of the house in full and took a bond with the bank to cover the rest. In other words, we are paying for a house in which we cannot stay. It is now our responsibility to evict the previous owner, but the first available court date is on the 14th of November and we will probably (if we are lucky and all goes as expected in court) only be able to move in during December. We feel abandoned. Let our story serve as a warning to others: be careful who you do business with, especially if it is a bank!
 
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MandM said:
We made the mistake of buying a Property in Possession from a bank in August (note that it was not an auction, the bank themselves bought the house on auction, because the auction offers they got was not enough). We were informed that the previous owner would vacate the property by the 1st of October, which suited us perfectly as we moved out of our previous property on the 28th of September. Apparently the bank does not guarantee a vacant house, but no one bothered to point this out to us when we signed the contract. To make a long story short, the previous owner (a known con artist – if only we knew this before we made the offer on the house!) is now refusing to move and telling lies at every opportunity he gets. The house was transferred to our name in this week, but we are forced to live with family and friends who took pity on us, even though we paid approximately 77% of the house in full and took a bond with the bank to cover the rest. In other words, we are paying for a house in which we cannot stay. It is now our responsibility to evict the previous owner, but the first available court date is on the 14th of November and we will probably (if we are lucky and all goes as expected in court) only be able to move in during December. We feel abandoned. Let our story serve as a warning to others: be careful who you do business with, especially if it is a bank!
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One would have thought that the seller (bank) ought to have given you posession of the property free of any encumbrances.

What is the reason that the current occupant gives for not moving out ?
 
The latest story is that he cannot find suitable alternative accommodation, but we know that is a lie. Anyway, it is now up to the court to decide.
 
KalMaverick said:
Can't you phone the police and have them kick the people out?
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No-one, except the court may evict someone, regardless of who's the owner of the property. That's right, not even the cops :)

OP needs to get an eviction order first - which is why he/she is waiting on the court date
 
If he's a know con artist he deserves a bat to the knees, at least.
 
That really sucks... I would be fuming if I was in that position, the bank should sort it out.
 
grav80 said:
No-one, except the court may evict someone, regardless of who's the owner of the property. That's right, not even the cops :)

OP needs to get an eviction order first - which is why he/she is waiting on the court date
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May the owner release 10 000 fleas free in the house they bought? You know, for science...
 
It's your house. Remove all the doors and windows :D

Have the entire lawn manured with pig ****.

Plenty of ways to make someone move.
 
ShaunSA said:
It's your house. Remove all the doors and windows :D

Have the entire lawn manured with pig ****.

Plenty of ways to make someone move.
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All of which is illegal.

It takes about 3 months to kick someone out legally and you cant even switch off the water or power, or do what you mentioned.
 
ShaunSA said:
It's your house. Remove all the doors and windows :D

Have the entire lawn manured with pig ****.

Plenty of ways to make someone move.
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I totally agree with this...
Can you also maybe get the water and lights cut until the said person moves out...i'm just saying
 
Beachless said:
All of which is illegal.

It takes about 3 months to kick someone out legally and you cant even switch off the water or power, or do what you mentioned.
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Maybe the doors and windows bit. But the pig cr@p? What's illegal about fertilising your lawn? :D
 
A friend buy this kind of houses for a living. He had the same kind of farkers in one of his houses and after months of broken promises he and a few of his buddy's went to the house and use hammers to break both the doors and most of the windows. After they break the doors and windows the third time the farkers left. Make sure you took proof of ownership and a few big strong friends with you. The police see it as a civil case after he show them proof of ownership
 
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