Interdict on property
Good day, my partner and I are first time home buyers and we are now faced with the situation where we found out the property has an interdict on it. To this date we only know that the seller’s ex-wife ordered an interdict against the property for some reason not really disclosed to us (buyers) and she has now passed on. We have been told that it will take 6-8 weeks to have the court appoint his daughter as the executor of his late wife’s estate and only then she can order to have the interdict uplifted. We (the buyers) however, weren’t informed about any of the detail mentioned above until just over a week ago.
The guarantees we issued on 8th August 2017 and the attorneys were ready to lodge and the registration process was estimated to commence on 1st September 2017. The sellers informed us in July that we would be able to move in officially by mid-September and we have since given notice to vacate at our flat we were renting. We have to be out on 29th September and the seller’s cannot accommodate us with early occupation.
What do we now stand to do? Neither the seller or the transfer attorneys informed us about the interdict when they initially discovered the details about the interdict on the property, if they did, we wouldn’t have given notice at our flat so early and have waited until the seller solved the interdict matter. Can we claim for anything?
Interdicts against the sale of a property are registered at the deeds office. If it is a private sale the seller should have been aware of such an interdict since these are not granted without notice to the other party. Irrespective of this the onus is on the transferring attorney to check if there is an interdict, once they receive a deed of sale. If any of them intentionally or negligently got you into this situation, yes, you should demand that they compensate you for the inconvenience or you will exercise a right to cancel the sale. Ask them to immediately find you alternative accommodation or pay the cost that will arise out of their deliberate or negligent behavior. First write them a polite letter and reserve your right to take legal action or inform the law society.