A seller should always ask for a copy of the estate agent’s standard sale agreement as several problems may arise from it.

Anton du Plessis, CEO of Vineyard Estates, says a copy of this document should be sent to the seller’s attorney/conveyancer for perusal because this conveyancer will in most cases be handling any subsequent sale contract into which the seller enters.

“Contrary to the public’s perception, there is, in fact, no such thing as a standard sale agreement,” said du Plessis.

“Every good agency will have used their experience and the advice of their conveyancer to draw up a document that they find meets their needs.”

“If the conveyancer can see the agent’s document before he enters into the sale agreement, he will be able to iron out any ambiguities or omissions that he perceives to be in the agreement.

“It is far better to do this before the agreement is signed because any changes made once that has been done will have to be taken back to the clients for approval,” said du Plessis.

A particularly “tricky” issue, said du Plessis, arises when a home is sold subject to another home (the buyer’s) being sold first.

“Often the sale document will stipulate the date by which the buyer’s current home (or some other property) has to be sold, failing which the seller has the right to end the deal – but what happens once the buyer has sold his property, thereby fulfilling the suspensive clause, and then something goes wrong with his sale? Many agreements, rightly, specify simultaneous transfers, as the purchaser needs the funds from his sale to complete the new purchase.

“There have been cases where the buyer, having got a signed sale agreement for his house, then finds that his buyer is reneging on the deal – or he may even have been liquidated or died.

“Now the seller sits with a binding agreement of sale, but with a buyer who cannot or will not fulfil his obligation and, in the absence of a clause stipulating that the deal will fall away if transfer has not been achieved by a certain date - he is powerless to do anything.”

If the buyer’s buyer has died, said du Plessis, it may happen that his executors will still want to go ahead with the deal. “But it can take up to two years or more to wind up an estate and during this time the seller, having not inserted a clause stipulating a cut-off date if transfer does not take place, will have no option but to wait.

“The lesson is clear: the seller’s attorney must insist that any sale which is subject to another home being sold must have an escape clause in the event of unforeseen delays on the linked sale.

Another issue which can give rise to arguments and delays, said du Plessis, revolves around what fittings and fixtures are to be considered part of the sale.

“I have learned that in many cases it is wise to have an annexure in which every possible fitting and fixture is listed – and then to clarify in the presence of the buyer and the seller room by room which items will remain and which will be taken away.

“It has been saddening to see how the positive atmosphere generated by a multimillion rand sale can be ruined by disagreements over a few curtain pelmets, a canvas awning or a R5k garage door opener.”

As a corollary to these statements, he said, it is not a good idea to give a warrant that all fixtures and fittings are in good working order. “This is unless the seller is prepared to spend time and money carrying out repairs after leaving the home. A seller might, however, specify that ‘listed’ fixtures and fittings are in good working order, but not necessarily ‘all’ fixtures and fittings.”

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What about the sneaky clause that enables the agent to be paid from the deposit when the deal is signed? They should wait until completion of the sale and be paid then. – Brian Dixon