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Huur gaat voor koop

The law regards the legal rights associated with ownership as the most complete and comprehensive array of rights a person can hold and exercise.

The legal principle called huur gaat voor koop, which means that a lease agreement takes precedence over a sale, however, restricts an owner’s rights. Despite the sale and even the transfer of the property to the new owner, the tenant of the property is entitled to continue occupying the property until his/her lease expires. If the purchaser wishes to move into the property, he/she is therefore not entitled to do so until the tenant’s lease has expired and he/she has moved out.

Your nightmare starts when the tenant refuses to vacate the property after the lease has expired. Eviction procedures must be followed through a Court of Law which is very expensive and may drag on for months. If this happens, you may lose your once excited purchaser.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

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