| Dianne Brock, the new general manager of the Western Cape Institute of Estate Agents, has recommended a new computerised property transaction kit.
The aim of this kit is to facilitate the sale and transfer of property in compliance with the stringent criteria of the new Consumer Protection Act.
The new kit, said Brock, covers every aspect of a property deal including the valuation, the role of the conveyancing attorney, the standard sale agreement, the title deed and the Surveyor General’s diagram of the property. Also included are the body corporate and homeowners’ association rules, building plans, the zoning certificate, the house inspection report and the beetle, electrical, plumbing and gas certificates, as well as a short legal section on dispute resolution. This encourages the insertion of a mediation of arbitration clause in the sale agreement and has recommendations on how to insure against litigation costs.
“The great advantage of a kit of this sort,” said Brock, “is that it gives sellers and their agents the opportunity before the property goes on the market, to compile all the relevant information and documentation, much of which can be missing when a deal is about to be finalised. Transparency will, therefore, be enhanced as potential buyers can view the kit before making an offer to purchase. Obviously, this will go a long way to preventing comebacks in terms of the Consumer Protection Act.”
The kit, according to Brock, is particularly useful in establishing clarity about the exact condition of the property and what repairs the seller should put right or declare to the buyer. The kit will also strengthen the buyer’s ability to apply successfully for a mortgage loan as the perusal of approved building plans and a verified report on a property’s structural condition are key factors in deciding whether or not to grant a loan.
Ashley Searle, director of the Western Cape’s Consumer Protection office, has said that the kit is “commendable, and provides consumers with information which will enable them to make informed decisions.”
For more information email
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or visit www.propertytransactionkit.co.za. |