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pertunias
Sep 14, 2012, 12:29 AM
Earlier this year on 21 March 2012, I signed an offer to purchase a house with an estate agent and on the day I signed the offer they told me that it's a deceased estate property. But they never told me what is deceased estate property and what the procedure will be.

On 5 April 2012 I got a final grant from the a Bank and all documents were submitted to the attorneys and 20 April I paid the full deposit required plus transfer cost.

From April till now 10 September, there has been so may delays and the worst one is the sworn valuation which is required by the Master of High Court. The valuation has been outstanding from since May 2012 till now its September 2012. The seller at time come up with lame excuses and the agent will always stand by the seller. I've sold my house that I was staying at with the hope that by now would have moved to my other house.

Due to all these delays I'm not interested in buying the property and I need to find out how can I cancel this agreement/sale without losing my deposit and all the monies I've paid.

I need assistance in drafting the letter to the agent, I need to place them in mora, non delivery and no specific date.

**email removed

Fr_Chuck
Sep 14, 2012, 03:18 AM
What does the contract say? Does it not have a closing date and a clause to get out of contract if not closed on that date?

ScottGem
Sep 14, 2012, 03:20 AM
In matters like this, the wording of the contract matters most. So you need to read it especially any clauses about timing.