Selling your house privately.

[Mars]

I have sold my house without the use of an agent.

What happens next?

A large portion of the house is still bonded, is the next step the transfer attorney?

I am trying to sort out the OTP, but its talking about a conveyancer. I dont remember ever using a conveyancer when I sold my previous properties?

Help?

 

[Mike Hoxbig]

The conveyancer is the transfer attorney.

 

[Mars]

ok awesome, is that person appointed by me? Who pays them?

 

[Mike Hoxbig]

Yeah you choose, the purchaser pays them. You need to get an electrical compliance certificate and submit it to the transfer attorneys though.

 

[atomcrusher]

I find it hard to believe you sold "previous properties" without the services of a Conveyancing Attorney. Pray tell how you achieved this.
It's not impossible (I guess?) but an Attorney will have to lodge the 'change of ownership docs' at the local Deeds office

In the sale of your current property you should ensure you nominate the conveyancing attorney, and state in the sale agreement that the buyer is responsible for the transfer, & conveyancing, costs. This can of course be altered by agreement by both parties.

The conveyancing Attorney will also ensure the outstanding mortgage is paid to the financial organisation that holds the mortgage on your property,

 

[atomcrusher]

I have sold my house without the use of an agent.

Oh . and BTW .. you have not "sold your house" until all sales processes are finalised ... that can take many months (particularly with the gross incompetence of the Deeds Office processes ... Pretoria Deeds Office is a nightmare, CT is a breeze - and I know that as I own 2 homes in Jhb and one in WC)

Also the City of Jhb will likely screw you in terms of getting a clearance certificate for Rates / taxes / utilities ... those incompetent fools still owe me thousands in refunds form a couple of properties I sold in Jhb

 

[biometrics]

I've sold a flat privately before and I'm busy doing that for my house. You just need to go to a conveyancing attorney. You'll also need to get an electrical and beetle inspection done. In Cape Town you also need a plumbing inspection.

I've got a standard Offer To Purchase document I got from an estate agent. PM me your email address and I'll send it to you. Here's the first two pages, with the formatting lost (third page is personal particulars):

TO THE OWNER of the under-mentioned property:

I/We......................................................................................................................................................…….

.......................................................................................................................................................................

of............................................................................................................................................................……
hereby offer to purchase the property described below.

PROPERTY Erf.............................commonly known as...........................................................................................…….

...............................................................................................................................................................…….

1. PURCHASE R............................................................................................................................................................…….
PRICE
(a) a deposit of R.............................................................................................................................….
on acceptance hereof, to be held in trust pending transfer of above property. Interest to accrue to the Purchaser.
(b) the balance in cash against registration of transfer. Guarantees to be supplied on request.
(c) All payments made in cash will be subject to a 1% cash handling fee.

2. POSSESSION to be given to the Purchaser on............................................................................................................…….
together with vacant occupation, from which date the property shall be at the sole risk and benefit of the Purchaser who shall refund the Seller a proportionate share of the rates and taxes advanced upon the property beyond the date of possession.

3. COSTS All transfer costs are to be paid by the Purchaser.

4. OCCUPA- Should the date of registration of transfer not coincide with the date of occupation, the party
TIONAL enjoying such occupation shall pay to the registered owner a rental of R........................................………
INTEREST payable monthly in advance at the offices of the Seller's Conveyancers. Should the date of registration be delayed through the fault of the Purchaser, the occupational interest will increase to R…………………… per month from …………………………………. until date of registration.

5. TRANSFER to be effected by the Seller's Conveyancers forthwith/as close to the date of possession as possible.

6. FIXTURES The property is sold with all fixtures and fittings of a permanent nature including all existing light fittings, fitted carpets, built-in cupboards, curtain rails/rods, pelmets, TV aerial, washing line.

...............................................................................................................................................................……

.................................................................................................................................................................…

.......................................................................................................................................................................

7. BOND This offer is subject to a Financial Institution in South Africa granting on it’s normal terms and conditions, a bond of R.......................................................on security of the property. The bond will
be deemed to be granted upon the issuing of the quotation and pre-agreement statement by the afore-
said institution in writing on or before …………………………………………….. The purchaser
is aware that charges will be levied by the financial institution in respect of the granting of this
credit. The Purchaser undertakes to sign all necessary documents on acceptance hereof for the purpose of applying for the said bond.

8. BEETLE The Seller, at his expense, is to appoint a Government approved entomologist to:
(a) carry out an inspection on the accessible portions of the property for infestation of
Oxypleurus Nodieri and Hylotrupes Bajulus and
(b) thereafter replace any timber so infested with pretreated timber.

9. ELECTRICAL (a) The electrical installation of the property hereby sold is to be inspected and tested by an COMPLIANCE accredited Electrician who will furnish the Purchaser with a Certificate of Compliance with
CERTIFICATE regard to the said electrical installation.
(b) Should any work be required to be done, then such work shall be effected at the expense of the Seller, prior to the registration of transfer.


10. PLUMBING The Seller, at his expense, is to appoint an accredited Plumber to:
(a) Inspect the plumbing installation in terms of Section 14(1) of the City of Cape Town Water By-Law 2010 and furnish the Purchaser with a Certificate of Compliance.
(b) Should any work be required to be done, then such work shall be effected at the expense of the Seller, prior to the registration of transfer.

11. WARRANTIES (a) The property is hereby sold voetstoots and subject to all existing servitudes and Title Deed conditions as may attach thereto.
(b) The parties hereto agree that this contract constitutes the entire agreement between them and that no warranties or representations other than those contained herein have been made by any party or their agents.
(c) The parties hereby warrant that the information set out on the reverse hereof, insofar as it relates to themselves, is correct.

12. OBLIGATIONS The Purchaser agrees to do all things necessary to fulfil the provisions of this contract and if this agreement is cancelled as a result of failure to comply with any of the provisions therefor, the Seller shall be entitled to take such steps as he may in law be entitled to.
Should this agreement be cancelled as a result of the above bond(s) not being obtained (through no fault of the Purchaser) any part of the purchase price already paid will be refunded to the Purchaser.

13. DEFAULT In the event of the Purchaser failing to fulfil on due date any of the terms and conditions of this Deed of Sale, the Seller shall after having given the Purchaser ten (10) days written notice to remedy such default have the right either:
(a) to cancel the sale forthwith by written notice addressed to the Purchaser, in which event the Purchaser shall forfeit all monies paid to the Seller or his agent in terms hereof, without prejudice to the Seller's other legal rights and remedies and the right to claim damages; or
(b) to require the Purchaser to forthwith fulfil all his obligations in terms hereof.

14. EXPIRY This offer is irrevocable and expires at...................................on...........................................................

15. SPECIAL (a) This offer is subject to the sale of …………………………………………………………...
CONDITIONS
...............................................................................by the……….. …………………………..….2012.

(b) 72 HOUR CLAUSE Until fulfilment of all suspensive conditions in the Offer to Purchase, the Seller may accept a more acceptable, unconditional offer. On acceptance of such Offer, this Purchaser will be given 72 hours notice (excluding Saturdays, Sundays and public holidays) in which to fulfil all suspensive conditions contained in this offer, failing which, this Offer will become null and void.

.................................................................................................................................................................

..................................................................................................................................................................

.................................................................................................................................................................

.................................................................................................................................................................


PURCHASER:.......................................................................................................................................

WITNESS:......................................................................DATE:............................................................

SURETY:........................................................................WITNESS:.....................................................
as surety and co-principal debtor for the terms and proposed bond(s).


SELLER:................................................................................................................................................

WITNESS:......................................................................DATE:...........................................................


...............................................................................................................................................................

 

[chrisc]

If we carry on like this, attorneys will be standing at the traffic lights with cardboard signs

 

[biometrics]

If we carry on like this, attorneys will be standing at the traffic lights with cardboard signs

The attorneys still make their money, it's the estate agents that lose out their ridiculous 6% + VAT. 6% might have been fine 10 years ago but with house prices at the level they are it's way to much. That's R100,000+ on a R1.5m house.

When I put my house on the market a few weeks ago I emailed several and asked if the commission is negotiable and none said yes. So I'm doing it myself. Listed on gumtree, privateproperty, Cape Argus and had signs made. So far the cost is <R3,000.

I've had 13 viewings in less than three weeks.

 

[Mars]

I find it hard to believe you sold "previous properties" without the services of a Conveyancing Attorney. Pray tell how you achieved this.
It's not impossible (I guess?) but an Attorney will have to lodge the 'change of ownership docs' at the local Deeds office

In the sale of your current property you should ensure you nominate the conveyancing attorney, and state in the sale agreement that the buyer is responsible for the transfer, & conveyancing, costs. This can of course be altered by agreement by both parties.

The conveyancing Attorney will also ensure the outstanding mortgage is paid to the financial organisation that holds the mortgage on your property,

lol, dont get your nickers in a knot, I have always dealt with 'Transfer attorneys' I have never known then as conveyancer's.

 

[azbob]

Beetles get their own clause in the agreement :wtf:

 

[Mars]

Beetles get their own clause in the agreement :wtf:

only in the cape. Here in GP no one cares what car you drive.

 

[azbob]

only in the cape. Here in GP no one cares what car you drive.

I'd say the opposite.

 

[Lee31]

Hi All

I want to sell my house privately. This is my first time. Can anyone tell me the process? I bought my place through an agent and I basically want to save as much as possible by not paying the estate agent's commission.

1. What do I have to submit to the bank?
2. Do i draw up the offer to purchase?
3. If i get a conveyancing attorney, do I pay their fees or does the buyer do that?
4. What would I be paying for during and prior to the sale?

Any help or tips would be appreciated.

Thanks in advance.

 

[Hendrix]

Hi All

I want to sell my house privately. This is my first time. Can anyone tell me the process? I bought my place through an agent and I basically want to save as much as possible by not paying the estate agent's commission.

1. What do I have to submit to the bank?
2. Do i draw up the offer to purchase?
3. If i get a conveyancing attorney, do I pay their fees or does the buyer do that?
4. What would I be paying for during and prior to the sale?

Any help or tips would be appreciated.

Thanks in advance.

1. Give them a call, you need to inform them you plan to sell, otherwise they can penalize you up to 3 months bond payments. You will have to write a letter stating your intentions and sign it, and email or fax it to them.
2. Get a standard offer to purchase form as above, and if you want you can alter it if there's something you don't like, just remember to inform the buyer if you change anything.
3. No, they buyer pays the attorneys, all you might need to pay is up to 6 months rates and taxes.
4. Pretty much just the rates and taxes, and getting an electrical compliance certificate

 

[maryjanemaake]

.i want to sell my house privately pls help me with process

1. Give them a call, you need to inform them you plan to sell, otherwise they can penalize you up to 3 months bond payments. You will have to write a letter stating your intentions and sign it, and email or fax it to them.
2. Get a standard offer to purchase form as above, and if you want you can alter it if there's something you don't like, just remember to inform the buyer if you change anything.
3. No, they buyer pays the attorneys, all you might need to pay is up to 6 months rates and taxes.
4. Pretty much just the rates and taxes, and getting an electrical compliance certificate

Can somebody pls email me offer tobpurchase form

 

[dunkyd]

Sell via Private Property. Sold mine 2 years ago painlessly. Cost 1000 to register. Get pavement board with sms code for viewers. Weeds out "lookers".
They supply legal people free to you.
Cash in the bank chop chop.
No comm to anyone !
Still have my electrical certificate, waiting for someone to ask for it

 

[maryjanemaake]

really?so how do i get hold of them?do tgey want the 1000 upfront?

Sell via Private Property. Sold mine 2 years ago painlessly. Cost 1000 to register. Get pavement board with sms code for viewers. Weeds out "lookers".
They supply legal people free to you.
Cash in the bank chop chop.
No comm to anyone !
Still have my electrical certificate, waiting for someone to ask for it

Really?how do i get hold of them? Do they want 1000 upfront?

 

[biometrics]

Really?how do i get hold of them? Do they want 1000 upfront?

http://www.privateproperty.co.za/list_your_property/list_for_sale.htm

I'll be signing up with them again this week.

I go for the Standard Listing at R1,295 and R300 for six for sale boards.

The standard package is an option where you would provide us with the pictures etc. and load yourself online. The board package is at R300 which consists of 6 boards. The boards would be couriered from our head office in Durban and depending on the location there would not be a courier charge for you. It normally takes 72 hours to get to you.

 

[Sapcat]

I really don't understand why people don't sell their houses privately. If your property is less than say R2.5 m and is reasonably priced its not that difficult. Are you too lazy that you can pay an estate agent 5% for doing what you can do?