Default notice to buyer: Need legal advice?

Questioner

I sold my home. The buyer was initially too late to sign the purchase contract (two weeks after I signed he finally did so), then the bank guarantee was paid too late, and a postponement of the transfer was requested because the lender would not be able to complete it by 1 September. I then granted a postponement until 1 October (proposal/request buyer) on the condition that he would pay my mortgage from 1 September and the bank guarantee would be paid before 15 August. I should have actually been at the notary by 22 July I believe, but was not there yet. That was agreed. The bank guarantee was eventually deposited into the notary's account by the buyer himself on 16 August after several phone calls by my broker. Last week the bank announced that an appraisal had to be done first (now??), and that if this were approved, the expectation was that the transaction would be completed within 6 to 8 weeks. October 1st is not going to happen either, and we are now going to put the buyer in default. But as of when do you put him in default? If the bank were to say we can pass October 15th, fine, set a date with the notary and arrange it. But they still don't say anything. Does the registered letter have to be with the buyer by October 1st or only after that? And how long can I give him to possibly still get his affairs in order - officially I believe it is 8 days? Thank you for your time & response.

Lawyer

The buyer has until 1 October to fulfil his obligation under the purchase, namely to ensure that the purchase price is in the notary's account, so that delivery can take place. If delivery does not take place on 1 October, you can then put the buyer in default and demand that he cooperates in the delivery of the house within 8 days. If you want clarity sooner, it would do no harm to send out a letter now, in which you indicate that you hold the buyer to the delivery on 1 October, failing which he will be put in default. I do not know whether you will be assisted by an estate agent. If not, I advise you to engage a lawyer/attorney to draw up the notice of default. If you have any questions or require legal assistance, please feel free to contact me without obligation and free of charge.