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
    • 20 Sep 2017
      There is a very specific buyer for Heritage homes - not your usual buyer looking for a modern, contemporary home, but someone who likes the look, feel and even the particular scent of an older home steeped in history and with a tangible sense of history and heritage. Much like a well-matured wine, in fact, says Pam Mullany, an agent for Pam Golding Properties.
    • 20 Sep 2017
      In spite of the increasingly subdued economy and slackening real estate market, the Rondebosch sectional title sector demonstrated its resilience when a 250m² three-bedroom apartment realised a record sale price of R6.2 million at the end of July, beating the previous 2014 high of R5.6m achieved in the same complex.
    • 20 Sep 2017
      Participate in a research project about consumers’ willingness to purchase real estate online, conducted by the University of Stellenbosch Business School, MyProperty and Entegral.
    • 20 Sep 2017
      Broker/Owner of RE/MAX Living in Cape Town’s City Bowl and Atlantic, Gerlinde Moser, is the definition of success. She the first real estate professional within Southern Africa to be awarded the Luminary of Distinction, the highest distinction of three career awards given by RE/MAX International. In fact, she is only one of two people outside of North America and Canada to receive the award.
    • 19 Sep 2017
      The requirements for renting a residential property have become more and more onerous on prospective tenants as landlords have become increasingly circumspect as to who they let their property out to
    • 19 Sep 2017
      In South Africa braaing is more of a religion than a mere pastime. Firing up the perfect coals and grilling the most flavourful meat is not just an activity; it’s something of an art form. “Braaing is in every South Africans blood, there's just something about grilling meat outdoors that appeals to everyone, regardless of their economic status, race or cultural background” says Craig Hutchison, CEO Engel & Völkers Southern Africa.
    • 19 Sep 2017
      According to Adrian Goslett, Regional Director and CEO of RE/MAX, homeowners who wish to obtain the highest possible price for their property, within the shortest time frame, will need to ensure that their home makes a good first impression and stands out from the crowd.
    • 19 Sep 2017
      The SA Reserve Bank (Sarb) is likely to cut interest rates by 25 basis points to 6.5 percent when its monetary policy committee (MPC) meets on Thursday due to moderating inflation.
        
    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