Electrical Certificate of Compliance

It is the law – a seller must produce an Electrical Certificate of Compliance, the transferring attorneys are required to include this with the documents delivered to the Deed Office. That’s great as the buyer has the security of knowing the wiring in their new house is safe. This electrical certificate is not checked by the Deeds Office.

Fixtures and fittings -This can be a minefield!

Normally there is a paragraph with a number of items stated, separated by a comma and the option to cross out items and initial at the end of that particular line, this leaves it open to ambiguity – certainly it does not stand up to legal scrutiny. I will give an example below:

Sale of Property in a development

Sale of Property in a development subject to a HOME OWNERS ASSOCIATION.

The sale of land agreement from the original developer of the cluster development or gated community, generally contains a condition that the purchaser must become – and remain a member of the association. It contains a provision that the purchaser is obligated to make future purchasers aware of the association requirements. Sellers of such property should ensure this clause is inserted in the sale agreement.




Why is the voetstoots clause still being used?


The clause is from old Dutch law literally meaning “sold with the push of the foot”

With the introduction of the Consumer Protection Act the seller who does not disclose any latent defects will not be protected in law, therefore it is of absolute importance to ask the estate agent for a LIST OF DEFECTS before considering putting in an offer to purchase.

The Consumer protection Act sets out that anything sold has an implied warranty of quality. A voetstoots clause included in an offer to purchase will not free the seller from any liability for latent defects.