You, the law, and the sale of your home

By Leapfrog Properties
When you decide to sell your home, you generally hand the process over to an estate agent of your choice, and leave the somewhat onerous paperwork to them. They know what needs to be scribbled down, which forms are important, and how the legalities should work in a methodical and neat progression.
 
In South Africa, the selling of a house is subject to various laws and regulations designed to  protect the rights of both buyers and sellers. Whilst you may not need to know every detail of these rules, you should have a general grasp of what is required, and why things work the way that they do. Knowledge is power – and it’s no less important when selling your house.
 
A careful look at the law when selling your house
 
South African law recognises different forms of property ownership, such as freehold, sectional title, and leasehold. Each type has its own set of rules and regulations regarding ownership rights, responsibilities, and transfer processes. These are very basic aspects that you need to understand regarding the prospective sale of your house.
 
The sale of a house typically begins with an Offer to Purchase (OTP) agreement. This document outlines the terms and conditions of the sale, including the purchase price, conditions of sale, and any special provisions or contingencies. The OTP is a legally binding contract once both the buyer and seller have signed it.
 
Once the sale is complete, the transfer of ownership from the seller to the buyer is facilitated by a conveyancer, who is a qualified attorney specialising in property law. The conveyancer ensures that all legal requirements are met, including: verifying the seller’s ownership, clearing any outstanding debts or liens on the property, and registering the transfer with the relevant Deeds Office.
 
It’s important to understand that the law requires you to disclose any known defects or issues with the property to potential buyers. This includes structural problems, water damage, faulty electrical systems, or any other material defects that may affect the value or safety of the property.
 
Failure to disclose such defects could result in legal disputes and can cause considerable trouble after you have sold and moved on to your new home, so make sure your estate agent is fully au fait of faults and ensures that you are protected from future harassment.
 
Consumer Protection Act (CPA) has significant application with regard to property transactions. Its job is to establish certain consumer rights and responsibilities and to prohibit unfair practices. It is particularly valuable for buyers – providing protection against false or misleading information and unfair contract terms.
 
It is your responsibility as the seller to ensure that your property complies fully with the municipal bylaws and regulations. This includes obtaining: a valid electrical compliance certificate;  a plumbing certificate; a gas compliance certificate (if applicable); a beetle-free certificate covering areas that may be prone to wood-boring beetle infestation; and an electrical fencing certificate (if applicable). Compliance certificates are typically required by law and must be provided to the estate agent who requires them to process the sale through the municipality.
 
Laws are always complex, and sometimes downright confusing, so it’s vital that you deal with a professional estate agent, supported by the expertise of a qualified conveyancer or attorney specialising in property transactions. They are there to guide you through the legal requirements, ensure compliance, protect your rights throughout the selling process, and head off any trouble that may loom on the horizon.