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
    • 21 Jan 2017
      Most of today’s grandparents are members of the Baby Boomer generation, which is renowned for doing just about everything in life really differently from their parents and all previous generations.
    • 20 Jan 2017
      There is a home on Houghton Ridge, overlooking the golden lights of Johannesburg, that is so opulent in both proportion and finish that it has been named Gatsby – in honour of the extravagant mansion that Scott Fitzgerald’s character Jay Gatsby built to impress his Daisy.
    • 20 Jan 2017
      Several emergent trends that have been germinating along the Atlantic Seaboard in recent years have now taken root and triggered significant market shifts along this sought-after coastline, with one in particular literally changing the property landscape.
    • 20 Jan 2017
      As seen in the case of FirstRand Bank Limited v Mdletye and another (98145/2015) [2016] ZAKZDHC 22 (1 July 2016) banks are often faced with the burdensome task of collecting bond payments when a client has fallen in arrears and often as a last resort will approach the court to obtain an order declaring the immovable property executable.
    • 19 Jan 2017
      Every first-time homebuyer wants to add their personal touch to their property and turn their new house into a home. Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa, says that a great way to do this at a reasonably low cost is by giving the property a fresh coat of paint.
    • 19 Jan 2017
      The demand for new-builds has caught up with that of pre-owned houses in the sought-after suburbs at the “back” of Table Mountain. But does the value of the area’s shiny new homes match up to that of its period charmers?
    • 19 Jan 2017
      The latest data from Lightstone reveals where the most expensive streets are in South Africa based on historic and comparative data.
    • 19 Jan 2017
      The property valuation system in Cape Town was recently under question when investigations revealed the value of some properties were increased, which led to increased tariffs and taxes for homeowners.
        
    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