select
|

'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
  
2000
Characters remaining


    Latest Property News
    • 17 Nov 2017
      FWJK has announced the launch of its latest residential brand, the Lil’ Apple, which will be launched simultaneously in two developments in Cape Town and Umhlanga totaling 600 apartments. The Lil’ Apple is set to be a brand of FWJK’s New York style apartments which will be rolled out nationally.
    • 17 Nov 2017
      It’s been a tumultuous year on many fronts, with socio-political uncertainty setting the tone for much of South Africa’s economic activity yet despite this and seemingly counter-intuitively, the residential property market has held up well.
    • 17 Nov 2017
      The EAAB (the Estate Agency Affairs Board) recently claimed that around 50,000 illegal estate agents could currently be operating illegally.
    • 16 Nov 2017
      Penthouses are synonymous with New York – characterised by high-rise living that is decidedly luxurious and spacious. While exclusivity comes at a price, you can still create a “penthouse” look and feel in your existing apartment or even the upstairs bedroom of a double storey house with some clever design changes and styling touches.
    • 16 Nov 2017
      The area has long been popular with kite surfers and, with escalating property prices in Cape Town itself, is increasingly in demand with home owners who work in town, but are looking to invest in more affordable properties.
    • 16 Nov 2017
      Cape Town’s popularity as a world-class tourist destination has resulted in a spike in the number of homes available for holiday lets and fuelled investor demand for sectional title units with short term rental potential.
    • 15 Nov 2017
      Sappi, one of South Africa’s oldest global companies and a leading global supplier of sustainable woodfibre products, has moved its global and regional headquarters to a new site on the corner of Oxford and 14th Avenue in Rosebank.
    • 15 Nov 2017
      There’s an old saying in real estate that you should seek to make a profit when you buy, not only when you sell – and a large part of succeeding at that endeavour is buying a home in an area with desirable features that will enhance the resale value of your property.
        
    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