Myself and the seller of the property entered into a deed of sale for a property with a purchase price of R1.6 million.
I have since found that the seller’s bond cancellation costs are R1.58 million and the outstanding rates are R80 000. Therefore, after considering these amounts, the seller is liable for costs over the purchase price.
The seller has indicated to conveyancing attorneys that she is not willing to pay a cent over R1.6 million.
I want the property, have paid a deposit, have received an approved bond and have even sorted out the electrical certificate.
The process cannot go further without getting a rates clearance certificate which requires the seller to settle the rates (which is in agreement).
I am almost willing to pay the rates and get the seller to sign acknowledgment of the debt to repay me back but she will not comply with this.
I would like to confirm that my only (and based on strong grounds as per agreement) remedy herein would be to claim specific performance.
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