

Question
I am waiting for the transfer to take place (about a week's time) on a property I've bought in Malmesbury. As yet no money has changed hands.
I need advice on alterations, plans etc & went to the municipality for help. While there I found out that the sellers had submitted plans for a brick & palisade wall. These plans were approved by the local heritage society & passed by the municipality. In the meantime however, the sellers put up a vibacrete wall instead. When I mentioned this, the municipality told me that it was an illegal wall. I could not get any commitment from the municipality as to whether or not they are going to insist that the vibacrete wall is taken down in the future. When I approached the seller about this, his response was that it's not his problem. Likewise the estate agent.
Am I within my rights to submit a builder's quote for the erection of a wall identical to the one for which the plans were passed, to the sellers attorneys? And to deduct this amount from the purchase price I'm due to pay over on transfer?
Your advice would be much appreciated.
Answer
You will have to ask your lawyer what your rights are as this is a legal matter and has to be answered within the rights of you and the seller in general and/or in terms of the contract.- Charné van der Walt

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