This is a delicate situation with potential complexities. Here's what you should be aware of and steps you can take to protect yourself:
**What happens if the seller passes away during the transaction?**
* **If OTP is not exercised:** If the seller passes away before you exercise the Option to Purchase (OTP), the OTP becomes void. You'll get your option fee back, but the sale cannot proceed.
* **If OTP is exercised, but before completion:**
* The sale can still proceed, but it will be handled by the deceased's estate.
* You'll likely need to wait for a Grant of Probate (if there's a will) or Letters of Administration (if there's no will) to be granted before the transaction can be completed.
* This can cause significant delays.
**Things to look out for:**
* **Proof of ownership:** Ensure you or your lawyer verify the seller's ownership of the property. Request to see the original title deed or a certified true copy.
* **Legal representation:** It's advisable to engage a lawyer to review the OTP and Sale and Purchase Agreement (SPA) to ensure your interests are protected, especially given the seller's health condition.
* **Estate executor/administrator:** If the seller passes away, you'll need to deal with the executor or administrator of their estate to complete the transaction.
* **Potential delays:** Be prepared for potential delays due to the probate or administration process.
**Specific concerns:**
* **MCST invoice with both names:** This indicates that the property was likely held in joint tenancy with the deceased's wife. Upon her passing, ownership would have automatically transferred to the seller (the surviving spouse). However, you still need to verify this through official documents.
* **Seller's health condition:** While you want to be respectful of the seller's situation, it's important to protect your interests as a buyer. Ensure all legal and financial aspects are in order before proceeding.
**Recommendations:**
* **Open communication:** Maintain open and respectful communication with the seller (or their representative) about their health condition and any potential impact on the transaction.
* **Legal advice:** Consult a lawyer to guide you through the process and ensure you're protected legally.
* **Patience:** Be prepared for potential delays and understand that the situation is sensitive.
Remember, while this situation might be challenging, with proper precautions and legal guidance, you can still proceed with the purchase if you are comfortable with the potential risks and delays.
**Disclaimer:** This information is for general guidance only and does not constitute legal advice. It's crucial to consult with a qualified legal professional for advice specific to your situation.
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