Offer to purchase question

[Sinbad]

Simply putting the fans back, or replacing them with new ones, requires a supplemental CoC.

 

[Sinbad]

I dont disagree that the old fans will invalidate the CoC. It should. But now that the transfer is done, why should the seller care if the CoC is valid?

Because her CoC was obtained fraudulently? The lawyers should be all over this.

 

[MidnightZA]

Because her CoC was obtained fraudulently? The lawyers should be all over this.

I get you now

I have informed the lawyers already. I will update here when I get an answer.

I would just prefer if the seller just takes it off the price and gives me the money back (equal to that of the quote to reinstall, give a supplement CoC and repair the wall). I will fix the wall and add the difference and get new fans

 

[newby_investor]

Simply putting the fans back, or replacing them with new ones, requires a supplemental CoC.

Does a ceiling fan count as a fitting? I'd imagine that the wiring leading up to it is covered, but I wouldn't know about the fan itself.

A CoC just means things are safe, doesn't mean that everything works. As far as I understand it anyway.

 

[Sinbad]

Does a ceiling fan count as a fitting? I'd imagine that the wiring leading up to it is covered, but I wouldn't know about the fan itself.

A CoC just means things are safe, doesn't mean that everything works. As far as I understand it anyway.

Yes it does. The connection to the fan has to be made safely to code.

 

[MidnightZA]

Does a ceiling fan count as a fitting? I'd imagine that the wiring leading up to it is covered, but I wouldn't know about the fan itself.

A CoC just means things are safe, doesn't mean that everything works. As far as I understand it anyway.

Yes, according to the lawyer. He said in laymans terms if you can take the house and turn it upside down, everything that falls is not a fitting and everything that doesnt fall must stay excluding the roof tiles. Since that will fall off if the house is turned upside down

 

[Sinbad]

Yes, according to the lawyer. He said in laymans terms if you can take the house and turn it upside down, everything that falls is not a fitting and everything that doesnt fall must stay excluding the roof tiles. Since that will fall off if the house is turned upside down

So make sure your 75" TV is not bolted to the wall, but hooked over a mount

 

[PsyWulf]

Yes, according to the lawyer. He said in laymans terms if you can take the house and turn it upside down, everything that falls is not a fitting and everything that doesnt fall must stay excluding the roof tiles. Since that will fall off if the house is turned upside down

This is fantastic

 

[newby_investor]

Yes it does. The connection to the fan has to be made safely to code.

Fair point.

But provided that the connections are ok and everything is earthed and whatever, if the fan just doesn't work, it won't prevent a CoC from being valid.

My point was that the CoC doesn't mean that everything works, it just means that there aren't any non-compliances with the safety standards. (Assuming it wasn't obtained fraudulently that is, which is totally a possibility in this day and age.)

 

[bokka1]

Yes, but if the fans didn't work, the seller should have stated it in the OTP. Then buyer would have known. OTP states you MUST declare what you know is broken.

So issue is buyer assumed they were working, because seller didn't say they weren't, and now they're gone, and buyer is not happy because it's a fixture, and may not be removed.

Not really, the Seller must not deliberately conceal latent defects, the voetstoots clause covers patent defects which this is.

The purchaser must test everything. Caveat Emptor.

 

[zerocool2009]

What I have learned in my years buying, when you see something, ask if its included or not, and log it at the comments ! From appliances to ceiling fans

 

[Toxxyc]

That's not what was stated on the OTPs I've completed to date. There have always been a section with "known defects".

 

[McGuywer]

Property will register on next Monday, we are getting keys this Thursday, so we can move Friday and the weekend.

Very very happy! In my opinion, it was quite fast.

 

[Sinbad]

Registration, due today, did not happen as two of the attorneys failed to lodge in time. Feckers should be forced to pay interest/occupational rent.

 

[Marsie27]

APoC184, how is your registration progressing?

 

[Wrath of Khan]

FML me again... here's the next story, OTP signed by 3 parties, buyer + 2 sellers (husband & wife) weeks later, deposits paid, transfer papers signed by 2 parties, buyer + husband (now the wife won't sign and has ghosted everyone) yeah they are going through a divorce.. putting her in breach of contract to force her to sign.. only thing is if she doesn't sign after 7 days then I guess I can walk away from the house with no financial loss? But I still want the house, do I honestly have to go get a high court order to make her sign, that could costs thousands and the time frame would be who knows how long!

Again, FML...

 

[APoc184]

APoC184, how is your registration progressing?

Sorry for the radio silence guys.

Enjoying the new place too much it seems. Busy every night and every weekend with getting things to our liking. Painting, gardening, lighting, security, etc....

We still haven't lodged. Took another 2 weeks before COT issued clearance for removal of the clause on the title deed.

BUT THEN!!!

Miraculously COT lost the building plans. So seller had to get them again from the architect and lodge them again. This took 2 weeks longer than expected because the architect had COVID and was out of action.

We are just in cruise control now. And have made peace with the fact that we will not register before the end of the year.

At least we are in the new place.

The seller however is so frustrated because he can't get his money until the registration goes through. He is getting a good R600k cash from the sale after the other monies have been used to pay for their purchase in the retirement village and agent fees, etc...

 

[Marsie27]

Sorry for the radio silence guys.

Enjoying the new place too much it seems. Busy every night and every weekend with getting things to our liking. Painting, gardening, lighting, security, etc....

We still haven't lodged. Took another 2 weeks before COT issued clearance for removal of the clause on the title deed.

BUT THEN!!!

Miraculously COT lost the building plans. So seller had to get them again from the architect and lodge them again. This took 2 weeks longer than expected because the architect had COVID and was out of action.

We are just in cruise control now. And have made peace with the fact that we will not register before the end of the year.

At least we are in the new place.

The seller however is so frustrated because he can't get his money until the registration goes through. He is getting a good R600k cash from the sale after the other monies have been used to pay for their purchase in the retirement village and agent fees, etc...

Eish! - many a slip as the saying goes. All of these beyond your control so enjoy your new house!

 

[newby_investor]

So after following @zerocool2009's method and doing the leg-work at the banks myself, I have gotten precisely one offer from Std Bank and it's a corker. Prime - 1%, but with an extra (roughly) -0.5% if I switch to a Std Bank cheque account and have a debit order from there. (I should note that I have a carefully-maintained credit record and only applied for a 75% bond, as I'm selling my current place and using the equity as a deposit.) So I've gone with them.

Will be moving in next Friday, hoping to lodge before the end of the year but occupational rent is roughly the same as a bond payment so I can afford it.

 

[zerocool2009]

So after following @zerocool2009's method and doing the leg-work at the banks myself, I have gotten precisely one offer from Std Bank and it's a corker. Prime - 1%, but with an extra (roughly) -0.5% if I switch to a Std Bank cheque account and have a debit order from there. (I should note that I have a carefully-maintained credit record and only applied for a 75% bond, as I'm selling my current place and using the equity as a deposit.) So I've gone with them.

Will be moving in next Friday, hoping to lodge before the end of the year but occupational rent is roughly the same as a bond payment so I can afford it.

Awesome news! Glad you could come right!