TOTAL DISREGARD OF A SELLER'S RIGHT AND ABUSE OF LEGAL PROCESSS TO FAVOUR ATTORNEYS WHO ARE ********LY APPOINTED BY ABSA AND/OR REMAX

We met with Remax agent on behalf of seller after seeing a post online from Property24/Private property after which we made an offer to buyer. The offer to purchase was subject to a condition that we will appoint attorneys of our choice to proceed with the transfer which condition was accepted by the agent and/or seller, thus prompting us to make the offer which had since then reduced to writing.

I met with our appointed attorneys who commenced with the drafting however when contracting the agent for the contract details of the seller they were advised that there are new attorneys on records which were appointed by ABSA Help-U-sell department as the property is distress sale.

On enquiry of the reason for the appointment of the new attorneys despite the prevailing agreement we were advised that it will be convenient since they are the one handling the litigation proceedings against the seller.

To make things worse despite the signed offer having recorded to appointed attorneys of my choice after their consent, their agent forwarded their new attorneys a new OTP with no details of the alleged attorney being recorded, to make matters worse the said document is purported to have signed by my self which i requested them to provide us with proof as i believe such is a *****.

I advised both the newly dispute and appointed attorneys including the agent from Remax that the aforesaid cannot be a valid reason if any such is ******** and a breach of contract which in fact shows a total disregard of our rights as the buyer and seeks to undermine our intelligence considering that we were not informed of the amendment but rather expected to live with it, despite the fact that it's a material breach which affect our finance and put us at jeopardy in paying the legal fees which we never intended having regard to the arrangement we have with our attorneys as per the OTP agreed between the parties.

In terms of the OTP the seller is the party who is selling the property a fact that I reconciled with and accepted. It is trite that the seller has a right to appoint attorneys for the transfer however to our surprise in this instance we were advised that ABSA have now entered the agreement without our consent whatsoever alternatively a courtesy to advise us of the basis for which they are appointing the new attorneys after the agreement.

It is surprising how Absa is enforcing and amending a contract which they are not a party to. In so far as this transaction is concerned Remax were acting on behalf of the owner or seller, at no point did we sign a tripartite agreement with Absa, Seller/Remax and myself if any they failedf to share such documents on numerous demand.

The condition of the sale or OTP were met and the agreed attorneys who had granted us a discounted fee on the transfer of the property had already commenced with the transfer process when the agent advised them to stop without contacting us or giving us any notice whatsoever which is the reason i believe both the agent and ABSA are undermining our rights and treating us like we are nothing whereas we are the one who are paying for the property to their benefit Remax who will be pocketing a commission and ABSA whose mortgage will be settled upon registration of the property and the new attorneys who are already being paid legal fees by the bank for their litigation proceedings thus being enriched and benefit at our detriment.

In terms of the agreement between me and the seller clause 16 and 18 of the OTP respectively reads that no rights can be transferred to a third party by either the seller or buyer without a consent in writing and that the OTP cannot be varied in absence of consent and signature from the other party which provisions are breached by the act of Remax or ABSA in wishing to withdraw the consent and agreement of appointing our agreed attorney to commence with the transfer.

There is no sense of urgency from the alleged lawyers of ABSA and Remax as we have already put our property on the market and soon will be commencing with the said transfer therefore any unmerited delay hereto is likely to affect us financial as we will have to look for alternative accommodation pending the transfer which will include costs for moving to storage and in between the rental place pending such registration.

I believe the conduct by both the bank, their attorneys and agent of the seller/bank it is a clear abuse of power and has an impact of prospective homeowners being drowned into legal debts of paying for attorneys who lacks proper mandate and acting ******** as they were appointed by a party who is not in a contract