select
|

Be sure to specify property fixtures in a sale

Many disagreements between buyers and sellers of immovable property come about because of a misunderstanding as to what fixtures sellers may remove when vacating the property – and which have to remain.

Barry Fourie, national training manager for the Rawson Property Group, says that sellers and buyers need to clarify the difference between permanent and non-permanent fixtures.

“Although quite frequently certain sellers break this rule, it is widely accepted and, in fact, stipulated in South African law that all permanent fixtures are included in the sale of a property and may not be removed by the seller. Any exceptions to this rule have to be put in writing.

“It is advisable to list the permanent fixtures sellers intend to leave behind and those few – for example, a valuable teak door or a historic fitted cast iron stove – which they intend to take with them.

“If the removal of a permanent fixture results in some part of the remaining structure being damaged (as it usually does), it must be provided for in the contract that the repairs have to be done at the sellers’ expense before transfer.”

In certain sales, says Fourie, it will suit sellers to include a number of movable, non-permanent items in the sale, if they no longer need them or they are moving to a home too small to accommodate them. The agreement to do this has, on occasions, also led to arguments, especially where several items are concerned.

“The golden rule therefore,” says Fourie, “even though it may be fairly tedious, is to leave nothing open to doubt or misinterpretation and record all permanent fixtures included or excluded from the sale in the contract, as well as any movable items the sellers will leave behind.”


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 19 Jan 2018
      Extending from Randfontein in the west to Roodepoort in the east and including the towns of Krugersdorp and Magaliesburg, the West Rand has a plethora of property available to residents who choose to make this unique area their home.
    • 19 Jan 2018
      When it comes to financial planning, doing the work to ensure you’re prepared for unexpected emergencies is just as important as ticking off your other goals and New Year’s resolutions. The beginning of the year is also the perfect time to review your various insurance policies.
    • 19 Jan 2018
      No surprises at the first Monetary Policy Committee of 2018, as Reserve Bank Governor, Lesetja Kganyago, announced that the interest rates would stay at their current levels.
    • 18 Jan 2018
      The Southern Suburbs make up some of the most popular residential areas in Cape Town, comprising charming groups of suburbs which lie to the south-east of the slopes of Table Mountain. It is seen as the city's most expensive residential neighbourhoods with a choice of various private schools, upmarket eateries, wine estates, beautiful homes and trendy apartments.
    • 18 Jan 2018
      New year, new goals! If you’ve resolved to purchase your first property in 2018, then this 6-step guide from the Rawson Property Group is a must-read. It will help you navigate and simplify what is often be seen as a confusing process of buying your first home – right from the house-hunt to the house-warming.
    • 17 Jan 2018
      While the current property market may still favour buyers, it doesn’t mean that they shouldn’t be well prepared before putting in an offer to purchase.
    • 17 Jan 2018
      Lightstone lists Blair Atholl as the most expensive suburb with an average house price of R11.2 million, followed by Westcliff (R10.5 million), Dunkeld (R9.3 million), Sandhurst (R9.1 million) and Inanda (R7.2 million).
    • 17 Jan 2018
      As it currently stands, there are four main ways in which a home can be bought in South Africa, says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa, who adds that deciding in which legal entity to purchase the property is not a decision that should be entered into lightly, as each has its pros and cons.
        
    X
    Subscribe to the MyProperty Newsletter

    Name  
    Last Name  
    Email Address  
    Email Frequency
    select
    X
    Share this Page

       
    For Sale Property
    Rental Property
    More Options
    About
    Connect with us
    FEEDBACK