X-rated Bob wrote
Just to clarify. This was not a spat over occupational rent. The properties were transferred and from that point they owed me nothing. If they didn't want to move in then that was their saak, but I no longer had the right to hold on to any keys.
But did you sign an agreement to that effect? If not then there was no requirement for you to move out. By default the buyer has no right of occupancy before transfer takes place, and the seller has no right of occupancy after that date. Mutual agreements may be entered into - and that's where the occupational rent comes in.
It is difficult when, as is often the case, there is a whole chain of buyers and sellers. Conveyancers do try to arrange things amongst themselves so that everything happens on the same date, but that requires everybody to play along.
In my case we had
1) The lawyer handling my sale
2) The lawyers representing the bank that I'd bought the first house with (this was a no-brainer as there was no money owed to the bank and all they had to was cancel the bond agreement)
3) The lawyers handling my purchase
4) The lawyers handling the interests of the bank who had bonded the property I was buying.
The problem came in with bunch number 4. There was money owing on that bond and the property could not be transferred without the the bank's approval.
(3) had everything lined up with the deeds office.
(1) was taking his lead from (3)
(4) were the problem. (3) had everything lined up, (1) played along and had my old property transferred out of my name. But then it emerged that (4) had incorrectly stated some date or other on their documents and so the deeds office kicked that transaction into touch. So I ended up having sold my property with the money in the bank, but with the transfer on the other property still up in the air. So the person I was buying from did not get the money she needed for her purchase, and I, for a while, owned nothing and was paying rent again.
(3) then negotiated a second date - and informed everybody concerned (I was copied in on the emails), but (4) decided to take a long week-end and knocked off early the day before and neglected to file the necessary papers with the deeds office. So my state of being a homeless tenant lasted a little longer. And, of course, by now the upstream (of me) transaction was in real trouble as until (4) got their act together the person I was buying from could not get the money due to her and so her purchase might collapse, she would have had no choice but to move back in to the only property she owned and I would have been in a difficult position.
Not a game for the faint hearted!
Gotcha..........
All of our issues were traced down to the agent, she has been butting in from day one until I told the lawyer to get her off our backs. There was agreement for us to be out any earlier, but it didn't stop the buyer from making a nuisance of herself. Once I got the lawyers involved and spoke to her directly, most of the issues were resolved.
This was when we then agreed to an addendum among all parties, so that everyone had a fixed date to aim for.
Wow...........we had similar problem #4 as well.........sale of our place went through dead easy, Standard Wank first lost the paperwork of our new place and took a week to inform us of it, then the conveyance lawyers put a total idiot on our case and wanted to rush us through the paperwork without us reading it as she was running late (20 minutes) for our meeting. The lawyers then dragged on with handing stuff to Standard Wank. We followed up daily with everyone and basically made a total pest of ourselves, it's the only way that you get stuff done.
I can't compare to your issues, but I was dreading having to move a family of 4 and a full house into my in-laws place for a few weeks while our stuff gets sorted.
But............................oh so 100% worth it in the end.
Ps. I've already marked out a plot in the backgarden where I'm going to be buried as I'm never moving again.
deefstes wrote
I love that butcher's block!
Sold that last week............was sad to see that go........
