House sale concerns

Arzy said:
Three written requests/instructions so far actually which have been completely ignored. Not even a response to say we got it.
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Then don't even threaten to contact the EAAB...

Cancel the mandate and escalate to the EAAB. That is an estate agent that should lose their license.
 
The EAAB doesn't give a hoot. I tried raising a concern with them once. They sat on it for 3 months, then stated I hand't raised the issue within the required time?! Also that I hadn't exhausted all my legal issues.

Anyway, beside the point.

Who's the Estate Agency and person you're dealing with?
 
Yeah I don't think I'd allow occupation on my house until transfer. Too risky these days.
 
reactor_sa said:
Yeah I don't think I'd allow occupation on my house until transfer. Too risky these days.
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My thoughts exactly, especially considering what has happened so far.

The agent refuses to see this though, assuming because their commission is at play.
 
Occupation and transfer should always be together - that was the first mistake - anything can go wrong, like it just did for you.
For future OTP's - do that plus deposit within 7 days and bond grant 21 days. You are entitled to accept any other "clean offers" within that time period and then the original buyer gets "put to terms" with a 72 hour clause.
 
Arzy said:
My thoughts exactly, especially considering what has happened so far.

The agent refuses to see this though, assuming because their commission is at play.
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Of course their commission is at play...

But you are the one who pays that commission, not the buyer so the agent has his responsibilities all arse about face.
 
Agent now trying to be clever and force the sale through.

The OTP does give them the discretion to extend the period for the bond but they have to do this in writing and before the fact.

Neither of which have occurred.

So it will be ugly from here on in.
 
Arzy said:
Agent now trying to be clever and force the sale through.

The OTP does give them the discretion to extend the period for the bond but they have to do this in writing and before the fact.

Neither of which have occurred.

So it will be ugly from here on in.
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have you cancelled his mandate yet? I agree with the others, that should be your first step.
 
Agents mostly only care about their comission. Not their duties, and definitely not the interests of the buyer or seller, who they are actually working for. Get rid of them immediately.
 
Went through EXACTLY the same **** recently. DO NOT GRANT OCCUPATION BEFORE REGISTRATION! I very nearly spent a night in jail kicking out a scumbag who I discovered just wanted a place to stay and had zero intentions of buying my property. Yes they applied for a home loan, and it was granted (80%). No attempts or willingness was shown to pay the lawyers fees or deposit.

You can thank me later.
 
Ouch. Good luck. If you are able please keep us updated with what happens. I do realize in the middle of litigation publishing details especially of the other party's name/details can be dangerous. In fact I would advise not telling people which agent until after its all settled.
 
Spoke to the transfering attorney now, the agent refuses to accept my calls anymore.

He at least is willing to listen to my concerns and be reasonable about it. Also agrees the agents actions are bull****. Made it very clear that this is going to go one of two ways, either the sale proceeds on my terms with regards to occupation or we can have a nice long and protacted legal battle. I am fortunately in a position where I do have access to a whole bunch of attorneys who actually do deal with property transactions.

Will see where it goes to from here.
 
Arzy said:
Spoke to the transfering attorney now, the agent refuses to accept my calls anymore.

He at least is willing to listen to my concerns and be reasonable about it. Also agrees the agents actions are bull****. Made it very clear that this is going to go one of two ways, either the sale proceeds on my terms with regards to occupation or we can have a nice long and protacted legal battle. I am fortunately in a position where I do have access to a whole bunch of attorneys who actually do deal with property transactions.

Will see where it goes to from here.
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To cut it very very short, get one of your attorneys to contact the agent directly and get them to inform the agent that you are preparing legal documents to be handed over to the principal agent for the branch.

See how quickly that gets you the response you need.
 
ToxicBunny said:
To cut it very very short, get one of your attorneys to contact the agent directly and get them to inform the agent that you are preparing legal documents to be handed over to the principal agent for the branch.

See how quickly that gets you the response you need.
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Yeah, already asked one of the inhouse guys to start looking at it. If needs be I can escalate to a big name firm.
 
Arzy said:
Yeah, already asked one of the inhouse guys to start looking at it. If needs be I can escalate to a big name firm.
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They would probably *** their pants receiving any form of legal communication. Is it a well known agency or one of these tiny start ups that services one area?
 
RustyPrincess said:
They would probably *** their pants receiving any form of legal communication. Is it a well known agency or one of these tiny start ups that services one area?
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Its not a big name but been around for a while in the area.

Only reason I went with them was because they are the agent for the house I'm buying as well and I haven't had the best experience with big names previously either.
 
ToxicBunny said:
Then don't even threaten to contact the EAAB...

Cancel the mandate and escalate to the EAAB. That is an estate agent that should lose their license.
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This. How has op not yet told the agent to get fked?
At the very least I would have requested a different agent from the agency by now.

His reaction is that he isn't doing that and I should call him once we've decided what we want to do.
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"Ok, in that case cancel the sale. I'm cancelling your mandate as well. Please send over the paperwork."
 
Kerrits said:
This. How has op not yet told the agent to get fked?
At the very least I would have requested a different agent from the agency by now.



"Ok, in that case cancel the sale. I'm cancelling your mandate as well. Please send over the paperwork."
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I actually did cancel the sale, they are trying to enforce it now that the buyer got his bond 2 days after the fact.

Be that as it may, have a call with the transferring attorney again tonight. He at least is in agreement about my occupation concerns and also of the view that nothing happens until he has cash in his account.

Will see where it goes from here.
 
So dude, don't keep us hanging on this monumental issue.. let us know how it all panned out for you...
 
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