I took FNB bond, went direct to the banks. My friend went bond originator.
FNB got 7.25% rate(Prime + 0.25%) + 50% off bond attorney fees + 50% ebucks on first installment.
Friend got FNB prime rate no discounts.(5 months ago).
Currently my bond documents are all signed and all lawyer fees paid. Lawyer said should get my bond registered only 3rd week of January.
Now my friend bought an house where the tenant lease expired November, now last week they say they were not informed about moving about out and they needed a 30 days notice at least. The OTP states they take occupation on 1 December. The agent said they cannot do anything since the new owner are there landlords now, the tenants agreed to move out 28 December and they said they already got a new place. They were really friendly and even showed my friend the new leased, so he Dodge a bullet.
I signed a similar OTP that states I take occupation 1 March and now wishing I don't run into the same case.
Spoke to a friend and he swore me for signing the OTP. Walk away from sale if there are tenants.
Anyways he advice me to make sure always in the OTP that the following is written.
1. Subject to bond confirmation and specify the interest rate. If interest rate is higher and if the purchaser accepts the rate the condition of bond will also be met.
2. If lease, state that the rent should come from seller account at the rate agreed on OTP.
3. Also state the seller is responsible for eviction of all tenants.
4. Also add a clause to cover other utility bill just as Fiber, alarm, security release cost on seller account.
5. If occupation rent date elapse and old tenants still there, Request that the bond installment cost + rates + levy be paid from seller, since most sectional title OTP will have its purchaser side responsible.
6. There always a clause of benefit and risk, Add if tenant the cost will be on seller account.
7. List that all patent and latent defects should be brought forward. Also state that subject to a full inspection being done. So only when seller accepts the offer a full inspection will be done. If Latent defects are pick up then the seller will need to address the issues at the seller cost.
8. Don't use the agents template. Lot of ambiguous crap it in.
9. Always make the seller sign the OTP first.
So if the tenants don't move out, what is my recourse? OTP states I take occupation on the 1st of March and the lease expired end of Febraury 2021. My lawyer friend said its on me.