Posted by: Ryno | 2015/11/04 06:42
We recently bought a house from a developer (June 2015). When moving in, we compiled a snag list of all the things that still need to be fixed. This list was sent to the property agent as well as the developer. The agent has since the sale never assisted with this snag list. The developer always promises to have it sorted within a week, but never gets to it. What are our options ito this issue?
Then when we the transfer went through, I received the building plans of my unit, only to realize that my unit number on the plans are not my unit, but my neighbors unit. These plans were stamped by the municipality. When I raised this with the developer, he stated that it was a minor issue and that he'll get the municipality to quickly fix it. It's been 4 months without any luck. Every time I ask for the plans, the developer just states that he will give them to me within a week. Is there really a quick fix to this solution? What are my options here?
Then when I received the water statement last month, I realized that the water meter on the statement is not mine, but also my neighbors. It's also at this time that I realized that our complex which consist of 4 units, only have 3 water meters. When asking the developer about this (the developer also lives in my complex), he said that he doesn't have a water meter yet as the municipality is out of stock. When I asked the municipality about this, they insisted that they have plenty of stock and will look into this matter. Also what are my options here?
Lastly, the property I bought was a new development The house was finished in February and we moved in in June. When me and my wife went to see the house with the agent and developer, we specifically stated that we want a new place where nobody's lived in before. We only recently found out that the there were tenants living in the house for 2 months. The developer helped them out as a favor for a couple of months. Do I have any rights ito this?
Thanks for the help. Looking forward to hearing from you.
Posted by: Carol Reynolds | 2015/11/26 10:07
New development sales are governed by the Consumer Protection Act, so you do have rights and the developer should make good on his commitments and undertakings. With regards the tenancy, this is more difficult to address, as the definition of "new" would be called into play, and it could still be argued that your unit was brand new and a direct sale from a developer. I would focus on getting all the snags completed - get an attorney to assist you with a letter of demand and a deadline. If some of your money is still being held in trust by the conveyancing attorney then this could be used as a mechanism to ensure fulfillment of the developer's obligations. If the developer has received full payment, then the only solution is to get a letter of demand drafted with a threat of resorting to legal action. These situations are always very stressful, and I wish you luck with resolving same. Perhaps the conveyancing attorney needs to be informed of the issues, particularly the incorrect numbers, as this has huge implications - essentially, you own your neighbour's unit. I would address this as a matter of urgency.
Fin24 cannot be held liable for any decisions made based on the advice given by independent experts, and disclaims all responsibility or liability for any damages whatsoever resulting from the use of the site