Offer to purchase question

[Nerfherder]

what happens if you find that the Compliance certificates were done but there is issues with the plumbing and electrical ?

i asked the transfer attorneys and they reckon its all done in good faith by the owner not much they can do if owner didnt do it properly

Bullship

Thats exactly the kind of thing they need to sort out.

They need to get the guys to did the compliance to sort it out.

 

[bokka1]

the property needs to be maintained and in the same conditions with the exception of reasonable wear and tear as when you viewed it, make it the agents problem for a cleanup.

He took occupation of the property when he accepted the keys and did renovations.

Wrt to the electrical certificate, there are private electricians appointed by the Depratment of Labour that act as compliance officers if there are disputes. Check who it is for your area.

Plumbing I am not sure, get a second opinion from another plumber. Remember that there are only certain checks that they have to do, mostly about water wastage.

 

[I.am.Sam]

He took occupation of the property when he accepted the keys and did renovations.

Wrt to the electrical certificate, there are private electricians appointed by the Depratment of Labour that act as compliance officers if there are disputes. Check who it is for your area.

Plumbing I am not sure, get a second opinion from another plumber. Remember that there are only certain checks that they have to do, mostly about water wastage.

yeah but most of it has to do with leaks

but im just checking cos never know when you buy if the work was done correctly

 

[mbj]

what happens if you find that the Compliance certificates were done but there is issues with the plumbing and electrical ?

i asked the transfer attorneys and they reckon its all done in good faith by the owner not much they can do if owner didnt do it properly

Had some run ins with the seller, first they gave me a CoC which was signed by a single phase electrician and the installation is 3 phase, then they got new electrician. He missed a lot of things and had to redo, I got my guy to inspect, he picked up a few items that the other electrician had to fix.

If the lawyers want to play hard, then you have two choices, walk away and get it done correctly at your expense then try to claim back the costs (50/50 getting back something), or get the CoC invalidated, that way the attorney is obliged ensure that seller supplies you with a valid document at their expense.

 

[Tman543]

Had some run ins with the seller, first they gave me a CoC which was signed by a single phase electrician and the installation is 3 phase, then they got new electrician. He missed a lot of things and had to redo, I got my guy to inspect, he picked up a few items that the other electrician had to fix.

If the lawyers want to play hard, then you have two choices, walk away and get it done correctly at your expense then try to claim back the costs (50/50 getting back something), or get the CoC invalidated, that way the attorney is obliged ensure that seller supplies you with a valid document at their expense.

Both options are at your own expense, No? to get a CoC invalidated, you will need a DoL compliance inspector/officer to come out which I am sure does so at a cost?

 

[Tman543]

Here's one for the legal peeps.

If an OTP was signed in March 2021 but transfer registration only occurs 18months later (July 2022). Will you pay less transfer duties (SARS) as perhaps it was lowered during the 2022/2023 year?
But you will pay more attorney fees as those generally increase?

As the Bond and transfer costs are stipulated by the Conveyancing: Conventional Deeds (Act 47/1937): Guideline of Fees which relates to purchase price.

Article showing the increase this year

AN INCREASE IN CONVEYANCING FEES FROM 1 MAY 2021 | Miltons Matsemela

www.miltons.law.za

 

[zerocool2009]

Here's one for the legal peeps.

If an OTP was signed in March 2021 but transfer registration only occurs 18months later (July 2022). Will you pay less transfer duties (SARS) as perhaps it was lowered during the 2022/2023 year?
But you will pay more attorney fees as those generally increase?

As the Bond and transfer costs are stipulated by the Conveyancing: Conventional Deeds (Act 47/1937): Guideline of Fees which relates to purchase price.

Article showing the increase this year

AN INCREASE IN CONVEYANCING FEES FROM 1 MAY 2021 | Miltons Matsemela

www.miltons.law.za

I would guess when the attorney’s pay for the transaction. I would put my money on 2021

 

[Sinbad]

Here's one for the legal peeps.

If an OTP was signed in March 2021 but transfer registration only occurs 18months later (July 2022). Will you pay less transfer duties (SARS) as perhaps it was lowered during the 2022/2023 year?
But you will pay more attorney fees as those generally increase?

As the Bond and transfer costs are stipulated by the Conveyancing: Conventional Deeds (Act 47/1937): Guideline of Fees which relates to purchase price.

Article showing the increase this year

AN INCREASE IN CONVEYANCING FEES FROM 1 MAY 2021 | Miltons Matsemela

www.miltons.law.za

Transfer duty is as at time of signing of offer. We got ****ed on this by the big transfer duty drop in 2006. Signed the OTP 3 weeks before it happened.

 

[I.am.Sam]

So my flat just got transferred to the new owners yesterday

In my one room we ran short of wooden flooring so there is like 2 pieces missing, we bought it very cheap on sale and according to the sqm and measurements the shop gave us that what we required

So after fitment it was short we left it as the bed was over it.

In the kitchen i had a piece of a tile cut out cos of a table stand that went into it

Now i did not know that the flooring needed to be disclosed as the agent never mentioned that . He only asked about cracks and any rising damp

now the new owners have asked for compensation

So im willing to compensate a box of flooring and 1 tile ...

Im waiting on they response but what should i be doing ?

 

[TofuMofu]

So my flat just got transferred to the new owners yesterday

In my one room we ran short of wooden flooring so there is like 2 pieces missing, we bought it very cheap on sale and according to the sqm and measurements the shop gave us that what we required

So after fitment it was short we left it as the bed was over it.

In the kitchen i had a piece of a tile cut out cos of a table stand that went into it

Now i did not know that the flooring needed to be disclosed as the agent never mentioned that . He only asked about cracks and any rising damp

now the new owners have asked for compensation

So im willing to compensate a box of flooring and 1 tile ...

Im waiting on they response but what should i be doing ?

I would say that issue is part of "are there cracks". I would be pretty pissed if I bought a place and the seller said no issues, but hiding missing floor boards and a hole in a tile.

 

[I.am.Sam]

I would say that issue is part of "are there cracks". I would be pretty pissed if I bought a place and the seller said no issues, but hiding missing floor boards and a hole in a tile.

Nothing was hidden

was more of a not knowing to disclose

 

[Steamy Tom]

ignorance isn't really a valid excuse, like I get you probably never thought of it but at the end of the day imagine you moved into a place and found out that the flooring wasn't complete as it was covered by a peice of furniture when you viewed it. Unfortunately you need to do the right thing and rectify it.

 

[I.am.Sam]

ignorance isn't really a valid excuse, like I get you probably never thought of it but at the end of the day imagine you moved into a place and found out that the flooring wasn't complete as it was covered by a peice of furniture when you viewed it. Unfortunately you need to do the right thing and rectify it.

i am willing to do that

but what do i do

change the whole kitchen tiling and room tiling

or compensate for a box of tiles and flooring

 

[Mike Hoxbig]

i am willing to do that

but what do i do

change the whole kitchen tiling and room tiling

or compensate for a box of tiles and flooring

I would either fix it (material + labour), or compensate the new owner for fixing it.

Don't think the material alone would suffice. Put yourself in the other guy's shoes, imagine if you bought the place and discovered this...

 

[I.am.Sam]

I would either fix it (material + labour), or compensate the new owner for fixing it.

Don't think the material alone would suffice. Put yourself in the other guy's shoes, imagine if you bought the place and discovered this...

yes thats what i mean compensate if he is going to replace the tiling and flooring

but will wait on the estate agent to see what he wants

 

[Steamy Tom]

i am willing to do that

but what do i do

change the whole kitchen tiling and room tiling

or compensate for a box of tiles and flooring

you will need to make it good, i.e find the exact flooring to match and pay to have it installed such that it looks like one would expect. if you cant find the exact florring etc you might realistically have to replace it all

 

[TofuMofu]

you will need to make it good, i.e find the exact flooring to match and pay to have it installed such that it looks like one would expect. if you cant find the exact florring etc you might realistically have to replace it all

Yep, hopefully you can find the same flooring and tiles to replace the missing sections.

I remember we had 2 missing tiles on the wall in the bathroom, that we could not find an exact match so just places a mirror over it. Unfortunately, that won't work on the floor lol

 

[RonSwanson]

what happens if you find that the Compliance certificates were done but there is issues with the plumbing and electrical ?

i asked the transfer attorneys and they reckon its all done in good faith by the owner not much they can do if owner didnt do it properly

Electrical CoC -- report the electrician (he/she has a special number) to the Dept. of Labour so that they can revoke his status.
Plumbing CoC -- report it to IOPSA.

Transfer attorneys are talking crap, the owner may not be responsible for the work, but he is accountable, and he should demonstrate good faith by making good on it.

 

[Gtx Gaming]

Damn it has almost been a month from registration, agent that sold me place never called me or msg me back yet.

Guess once they sold the place you not there problem anymore.

I never even seen the place yet or got the keys yet.

I am getting the rental money and the accounts are on my name atleast.

 

[TechGirl04]

Nothing was hidden

was more of a not knowing to disclose

Similar-ish thing happened to us - the wooden flooring had warped but my husbands desk was on it so we didn't know until we moved out. We told the agent as soon as we saw it and negotiatied with the buyer. We waived their occupational rent for 1 month to compensate.