Once you have decided to sell your property, it is important to note that as the Seller you have certain responsibilities to adhere to.

  1. The duty to disclose defects

The Seller of a property must disclose the defects of the property that he is aware of. Defects are categorized as Patent and Latent defects. Patent defects are defects that are easily seen, such as a cracked tile or broken window. Latent defects are defects that are hidden and not easily seen, such as damp or a leak in the roof. 

  1. Compliance certificates

Compliance certificates are a legal requirement that the Seller is responsible for. 

An electrical certificate must be issued by a registered electrician to confirm that all electrical components, such as light fixtures, plugs and swimming pool pump and lights, of the property adhere to all legal requirements. This certificate may not be older than 2 years and must be re-issued if any changes are made to electrical installations. 

If the property has an electrical fence, a compliance certificate must be issued to confirm that it is in working order.

All gas installations must have a Certificate of Compliance, effectively confirming that the installation has been fully inspected and judged to be safe and leak free. This certificate must be issued by a registered and licensed installer.

With Solar and Inverter systems becoming more popular as a result of load shedding, it is important to note that these installations also require a certificate of compliance.

  1. Clearance certificates

The Seller is responsible to ensure that the rates and taxes of the property and the levies and or Home Owners Association fees (if applicable) are up to date. During the transfer process, the transferring attorneys will request the clearance fees from the council and the body corporate (if applicable). These fees are calculated 3 months in advance to ensure that the accounts are up to date at time of registration. The Seller must pay these amounts.

Should there be any credit on the accounts at date of registration, the Seller will be refunded.

  1. Building plans 

Any owner of a property should be in possession of approved building plans of the property. These building plans must be updated when an alteration or additions is made to the property. 

It is also important to note that if alterations or additions are made to a sectional title property, that the sectional title plan must also be updated and approved and lodged in the Deeds Office.