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November 21, 2014
Star Features



 

House sale gone sour

The purchasers of a house have been waiting for almost six months to get the keys to move in, but despite their efforts, the vendor has refused to hand over the keys.

According to one of the purchasers, the vendor is charging them an additional sum after the sale agreement was completed and the titles transferred.

"The vendor built a number of houses and after my purchase was completed, I was informed that I must pay an additional sum for the perimeter wall for the houses," he explained

"I visited the premises before the houses were constructed and before I completed the sale agreement and the wall was already built. Now I cannot understand why my keys to enter my house are being withheld because I refused to pay the additional sum for the perimeter wall.

"There was no clause in the sale agreement that on completion of the house, I should pay a percentage for the wall. I have known of many houses with a perimeter wall and when I check with the residents they informed that they did not have to pay a specific sum for the construction of the wall around the entire housing scheme.

"I even called a housing developer and put my situation to him and he told me that all costs must be factored into the sale prices for the houses. He told me that after the deposits are made and the final amount is paid and the sale agreement is signed then a developer or vendor cannot ask the purchaser for extra money.

"When I wrote to the persons who built the houses, setting out my concerns, I was informed that I was not going to be put in possession of the house until I pay the additional sum for the wall. I was even told that some buyers had paid the money so why was I being so difficult.

"I have asked them to show me the clause in the contract that I must pay for the wall but I have not received any response. The lawyers who handled the sale told me that there was no such clause in the contract for sale.

"My problem is that I have to be paying rent and mortgage at the same time because I am not allowed to move into the house. The situation is proving very difficult for me and my family. I believed that we would have moved into our house six months ago and would only have the mortgage to pay. I am depressed and fed up. What can I do in this situation?" he queried.

You could take the issue to the Fair Trading Commission which will make the necessary investigation to see if the developer has committed a breach. If there is a breach, then the FTC will take the necessary steps to deal with the matter. In the meantime, you could ask your lawyer to take the developer to court so you can get an order compelling the developer to hand over possession to you. You could also put in a claim for the rent that you have been paying since the sale was completed.

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