Property Advice

MiaMistry

New Member
Joined
May 9, 2017
Messages
1
II'm hoping there are a few property moguls here or at least a transferring attorney who may share some insight ☺
I've signed an OTP with the condition that all alterations be on a passed plan. Everything has gone well, accept the owner has only submitted plans to council 6 weeks ago. Transfer will probably be delayed beyond the end of the month and I've given notice and secured a moving company. Do I have any recourse against the seller for delaying the process?
 

bokka1

Expert Member
Joined
Nov 27, 2006
Messages
3,193
You can ask the transferring attorneys to hold back an amount of money that is reasonable and go ahead with the registration now. Once the plans are approved the transferring attorney can release the money to the seller.
 

BBSA

Honorary Master
Joined
Jul 11, 2005
Messages
14,181
II'm hoping there are a few property moguls here or at least a transferring attorney who may share some insight ☺
I've signed an OTP with the condition that all alterations be on a passed plan. Everything has gone well, accept the owner has only submitted plans to council 6 weeks ago. Transfer will probably be delayed beyond the end of the month and I've given notice and secured a moving company. Do I have any recourse against the seller for delaying the process?
You should be able take occupation of the propery before the tranfer takes place. Have a look on the OTP when is the aggreed occupation date.
 

biometrics

Honorary Master
Joined
Aug 7, 2003
Messages
71,877
You can ask the transferring attorneys to hold back an amount of money that is reasonable and go ahead with the registration now. Once the plans are approved the transferring attorney can release the money to the seller.
This is what happened to me last year when I sold my house. Council took 6 months to approve the plans. Transfer went ahead and attorney held back R10k until they were approved.
 

WAslayer

Expert Member
Joined
May 13, 2011
Messages
4,403
You should be able take occupation of the propery before the tranfer takes place. Have a look on the OTP when is the aggreed occupation date.
Double check your OTP for this.. you may end up having to pay occupational rent up until the actual transfer take place.. this was a stipulation on my OTP if I had taken occupation before the transfer took place..
 

bokka1

Expert Member
Joined
Nov 27, 2006
Messages
3,193
Double check your OTP for this.. you may end up having to pay occupational rent up until the actual transfer take place.. this was a stipulation on my OTP if I had taken occupation before the transfer took place..
That is standard in any contract. Nothing wrong with that.
 

Pakka

Expert Member
Joined
Jul 22, 2010
Messages
2,271
What happens if the plans aren't approved by council but the sale already went through?
 

bokka1

Expert Member
Joined
Nov 27, 2006
Messages
3,193
That is why you keep back enough money to rectify any mistakes.
 

bromster

Expert Member
Joined
Nov 2, 2012
Messages
4,561
I've been waiting 12 months for a garage and to raise my boundary wall.

Cape Town Southern Suburbs.
 

saturnz

Honorary Master
Joined
May 3, 2005
Messages
13,915
I've been waiting 12 months for a garage and to raise my boundary wall.

Cape Town Southern Suburbs.
it took maybe 3 weeks for me at the Plumstead municipality

but that was just for the boundary wall
 
Top