Bondev Midrand (Pty) Ltd v Letsholo and Others (59/2014)
Bondev Midrand (Pty) Ltd v Letsholo and Others (59/2014) [2015] ZAGPPHC 677 (21 September 2015)
The respondents failed to comply with the third condition for extension of the building time limit, namely providing proof of an approved building loan. The impossibility of performance alleged by the respondents, arising from the caveat in the deeds registry, does not excuse their non-compliance, as the caveat is a normal consequence of legal proceedings and not attributable to any improper conduct by the applicant. The applicant is therefore entitled to exercise its contractual right to claim re-transfer of the property at the respondents' expense, with a refund of the original purchase pri…
Source excerpt
- Specific Performance
- Contractual Conditions
- Impossibility Of Performance
- Building Time Limit