1 reviews | Active since Member
A friend and I made an offer for a new development in Kuilsriver, The Oaks. We received an offer to purchase in December 2017, which we signed and paid the holding deposit. Thereafter we never received a receipt for the holding deposit or a signed purchase agreement. In July 2018 one of my clients restructured their business and will not be able to continue with the long term commitment of the project as I would loose a great portion of my income. On 24 July 2018 I emailed Cherie Nel of Brick 'n Board, copying the Conveyancers, to let them know of my inability to continue with the purchase. My friend did not want to continue without the purchase if I could not continue, and informed them accordingly. We explained the situation and asked them to reimburse us our holding deposit. We were then informed, today (21 Aug 2018) that the developer would keep the deposit to cover expenses, including the interest on the holding deposit. The message we received from the conveyancing attorneys read as follows: We have received final instructions from the developer and our instructions are that the developer will retain the holding deposit as result of your breaking the contract. On behalf of the seller we confirm herewith that as a result of your inability to adhere to the conditions of our warning letter dated 1 August 2018 the above mentioned agreement with the seller has been cancelled. I find their unwillingness to consider my situation a great shame, especially since their offer to purchase states that the inability to raise a bond would be a reason to cancel the agreement.
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