Why you should have your home Move-In Certified!

move-in certified

Wise sellers have their property Move In Certified!

You will probably be selling your house with the “Voetstoots Clause” in the Offer to Purchase. But, if you think you are fully protected against any comebacks for latent defects you are wrong!

Under the law, you have a duty to disclose the defects on the property that you are aware of. Your agent may also point out defects that need to be corrected.

If you don’t disclose those defects you may be liable to pay for the correction of the defects after the property has been sold.

As a home seller, you should have your home “Move-in Certified”! Move-in certified homes sell better, faster and for higher prices!

Besides being a great marketing tool, the seller’s home inspection report is also the “Seller’s Disclosure”. This safeguards you against any later legal action that the buyer may want to bring against you for both latent and patent defects!

Do the wise thing, have your home inspected before you sell it!

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THE HOME DETECTIVE » property assessment practitioner

Consumers and the Property Practitioners Bill

Has the Property Practitioners Bill missed the point?

consumers

Are consumers offered more protection?

Parliament passed the new Property Practitioners Bill on Tuesday 4th December 2018. This bill has been on the cards before 2011!

The Bill was supposed to finally provide buyers (consumers) more protection in the secondary housing market.

However, it appears the Minister of Human Settlements and his staff and the National Assembly totally missed the point!

Here is that portion of the Bill:

CHAPTER 10

CONSUMER PROTECTION

Mandatory disclosure form

  1. A property practitioner –
    1. may not accept a mandate unless the seller or lessor of the property has provided him or her with a fully completed and signed mandatory disclosure in the prescribed form; and
    2. must provide a copy of the completed mandatory disclosure form to a prospective purchaser or lessee who intends to make an offer for the purchase or lease of a property.
  2. The completed mandatory disclosure form signed by all relevant parties must be attached to any agreement for the sale or lease of property and forms an integral part of that agreement, but if such a disclosure form was not completed, signed or attached, the agreement must be interpreted as if no defects or deficiencies of the property were disclosed to the purchaser.
  3. A property practitioner who fails to comply with subsection (1) may be held liable by any affected consumer.
  4. Nothing in this section prevents the Authority from taking action against a property practitioner or imposing an appropriate sanction.
  5. Nothing in this section prevents a consumer, for his or her own account, from undertaking a private property inspection to confirm the state of the property before finalising the transaction.

This is the protection this Bill offers to buyers (consumers) who buy properties from sellers.

So what has changed? Continue reading “Consumers and the Property Practitioners Bill”

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