Questions & Answers
The handover is delayed and the size of the property is changed. What to do?
I have purchased a property that was due by the end of 2018.
A few days ago I have received a notification that the property is ready for handover, however, during the "snagging" I could see that the building will take at least few more months to reach completion!
Mashrooi states 92% completion only. I asked the developer for compensation for the delay - according to the contract, it should be 1% per quarter which should be 11-12% by now (3 years), however, he is saying he will do a maximum of 7%.
In addition, the drawing of the unit in my contract differs from the actual studio. The outline is different and the size of the unit is 35 sq. m. vs. 50 sq. m as shown on the drawing.
The developer points to another page where the 50 sq. m is stated as a gross area rather than a net area. However, if placed directly under the drawing of the studio, shouldn't this refer to the net area?
With the difference in size as well as the 3 year+ delay, do I have a chance to ask for a refund of my 50% investment?
Dear questioner,
You seem to have good grounds for termination of the SPA as well as compensation for the delay.
However, we would need to review your SPA and have a meeting before providing you with appropriate legal advice.
Regards,
Dear questioner,
Pursuant to the query, if the developer has violated the clauses in the contract, you can ask for compensation.
Further, we need to know your matter in detail to give you proper advice.
Kindly contact us via phone.
Thank you!
Dear questioner,
You can't get a refund as they implement the contract but you have the right to ask for compensation for the delay of handover and for changing the size of the unit.
You will need to hire an expert from the court to prepare a report for the difference in the size and the compensation.
For more questions and clarification. please contact us via phone or email.
Thank you!
