select
|

Don't delay getting compliance certificates

When selling a home, sellers should get the electrical, plumbing, borer beetle and gas compliance certificates in hand before entering into any sales agreement, says Bill Rawson, chairman of the Rawson Property Group.

'The sellers may have lived comfortably for many years with a situation that is noncompliant. They may, for example, have grown used to having lengthy electrical extension cords in certain rooms, rusted and leaking piping or several disconnected plugs.

'But these have to be put right before compliance certificates can be issued. Often, however, sellers will go ahead with the sale and then try to get these certificates in the few days or weeks before they move out.

'This can cause difficulties because sellers may have to pay out far more cash than they had budgeted for to rectify faulty installations. These can also take far longer than expected.'

Sellers reluctant to fund remedial measures upfront, says Rawson, can sometimes sell a home with a list of defects openly stated in the sales agreement and therefore in a sense accepted by the buyer. They can also promise to pay the first few thousand rand towards achieving compliance and the award of the necessary certificates. However, the sale is invalid until all certificates have been achieved.

'Good estate agents will do more than ensure that a home is compliant before any agreement of sale is signed. They will also check all other aspects of the home to ensure that when the buyers take over there are no rotting window frames, doors that will not swing on their hinges, or swimming pool equipment that is faulty. Although it is often possible for sellers to hide behind the voetstoots clause provided, if they can prove that they were not aware of the defects, agents are no longer able to do so.

'The Consumer Protection Act assumes the agent, as a member of the supply chain, will have thoroughly inspected the products they sell and will hold them liable for these faults,' says Rawson.


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 08 Dec 2016
      Situated in a security estate in the sought-after Douglasdale, Sandton our Property Pick of the day is a stunning home that provides comfort and privacy to its residents!
    • 08 Dec 2016
      Lifestyle, security and privacy are just some of the reasons why South Africans love golf estates - we take a look at five golf estate properties we love from current listings on MyProperty!
    • 08 Dec 2016
      A few years back only the trendiest tech-companies had a work-from-home approach. Their offices were small and flexible, no assigned desks or cubicles. Instead it was all about hot desking, shared spaces and flexible hours.
    • 08 Dec 2016
      While the majority of buyers will require a deposit when applying for a home loan, this is not the only financial consideration that they will need to be taken into account.
    • 08 Dec 2016
      While the whole Helderberg property market continues to gain momentum, homes in Somerset West’s residential estates are evidently the most coveted by the region’s throng of new buyers.
    • 07 Dec 2016
      Places like Cape Town, Johannesburg and Durban does boast with some amazing properties but today the allure of small towns are enticing us to take a closer look at some beautiful homes.
    • 07 Dec 2016
      One of the key motivators for people contemplating a move into a retirement village is the prospect of good security – but this will unfortunately not materialise unless all residents are prepared to do their bit, says Gerhard Kotzé, MD of the RealNet estate agency group.
    • 07 Dec 2016
      Numerous economic and geographic dynamics have created a year-on-year downturn in Johannesburg’s property rental market in 2016, taking its toll on the province’s economy and precipitating notable market shifts.
        
    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