I believe this property buyer has not met suspensive conditions. Please help

Posted on:
7 Aug 2016
Category:
Property
Posted by:
Ruan
Occupation:
individual
Region:
gauteng

Hi, I am in the process of selling my house and the buyer was late with payment of the deposit by 23 days and late with his rent by 14 days and the lawyers (Vorster Inc) did nothing regarding these issues.

The sale of my house is subject to the suspensive condition that the buyer’s property (removed property) be successfully sold and registered and I have the option to continue marketing the property until all suspensive conditions has been met. After sending many e-mails to the attorneys (I am in New Zealand at the moment and the property is in South Africa) with either no response or very selective response, I eventually phoned them (they tried to phone me on my SA number in the middle of the night even though I gave them my NZ number twice and asked them to phone me either very early or very late SA time; but that mail apparently did not reach them even though they replied to it) and got them to actually acknowledge that payment was late but they ‘did try to phone’ him and did nothing else.

Now, I only came to find that the removed property’s buyer’s loan is subject to there being drawings of the house that is approved by the council. They only started with the process about two weeks ago (you can imagine how long this can take). So I asked the attorney if I can still go ahead and market the property and maybe get another buyer to which he replied ‘All the suspensive conditions in the removed transaction have been met: – The property has been sold successfully. – The purchaser has obtained a 100% bond, subject to conditions imposed by the bank.’

But according to my understanding the suspensive conditions have not been met as the removed property has not yet been registered due to the outstanding plans? What are my options to cancel the contract with minimal costs and get the ‘buyer’ out of the house?

A copy of the contract can be found here https://drive.google.com/open?id=0B6cW6d-bB6YmREJfUG81cDg1b1k Thanks!

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