'Agree about the fixtures and fittings before you sell or buy a property'

When a property is sold, there are all too often issues, arguments and sometimes even court cases about the fixtures and fittings - which form part of the sale and which the owner is allowed to take away with him.

Most arguments relating to these issues, says Tony Clarke of the Rawson Property Group, arise from those involved in the sale, not knowing the law and/or not specifying which items the seller plans to exclude from the deal.

"In South African law," says Clarke, "anything which is a permanent and integral part of a property is assumed to be a 'fixture' and to be included in the sale. Doors (along with the keys), windows, blinds and awnings, built-in cupboards, wall-to-wall carpets, kitchen and bar counters (and their seats), as well as plants in the garden are all automatically part of the sale. However, the seller does have the right to specify in the sale document that certain items will be excluded, just as he has the right, if the furniture is part of the sale, to exclude certain specified and pre-named items."

Light fittings, too, says Clarke, are generally considered to be included in the sale, but special lights, such as glass or brass chandeliers, are regularly excluded. This is also legal, he says, provided that their removal from the property is written into the sale document.

Difficulties can, says Clarke, arise where equipment is concerned. For example, a freezer or washing machine might or might not be included in the sale. Similarly, pool filters or certain garden tools, as well as burglar alarms might be excluded from the sale.

It is, therefore, he says, wise to assume nothing and to specify item-by-item and every piece of equipment and all major fixtures that the buyer will be taking over. If these matters can be sorted out at the outset and written into the document, says Clarke, there should be no reason why the sale should not go through smoothly.

  Comment on this Article

  Please login to post comments

Post to my facebook wall
Characters remaining

    Latest Property News
    • 16 Mar 2018
      Strange as it may seem, there is a stock shortage looming now in the luxury sector of the Johannesburg property market, because astute buyers have for the past few months been hurrying to snap up high-end homes being offered at excellent prices.
    • 16 Mar 2018
      No one likes having to claim but having insurance for your household contents is vital, and at the start of a new financial year, homeowners either applying for new household insurance or revising their existing insurance should take a comprehensive inventory of their possessions and keep track of the total value.
    • 15 Mar 2018
      First-time buyers typically need to save for at least three years to afford the deposit on a home, and the VAT and fuel price increases announced in this year’s budget are going to make it even more difficult for them to reach that goal.
    • 15 Mar 2018
      Sea Point shows how developers use these organisations to advance their own interests
    • 15 Mar 2018
      As the rand strengthens against other major currencies, the prospect of investing in properties abroad is an increasingly appealing option for South African investors. Several factors, local and international, are sending a clear message: now is the time.
    • 14 Mar 2018
      Selling a property is never easy. Subtle details – from mismatched scatter cushions, to an unswept kitchen – can spell the difference between a potential buyer making an offer, or scratching your property off their list altogether. As much as you would love to be around to hear the passing comments as buyers amble through your abode, by choosing to remain at home during a showing, you set yourself at risk of becoming exactly that “subtle detail” that gets in the way of an offer.
    • 14 Mar 2018
      Home design mirrors the world around us and the phenomena of global warming, fossil fuel depletion and natural resource scarcity have created a revolution in architectural concepts and design.
    • 13 Mar 2018
      It has long been a foregone conclusion that towns where markets are driven largely by the demand for holiday homes will always perform below the national average during subdued economic times, but a report released by FNB last month has revealed that this is no longer the case.
    Subscribe to the MyProperty Newsletter

    Last Name  
    Email Address  
    Email Frequency
    Share this Page

    For Sale Property
    Rental Property
    More Options
    Connect with us