Before taking the leap and selling your home to start a new chapter, taking care of the legal groundwork is critical. Making sure your title deeds, compliance documents, and contract details are in order up front will protect your investment and save you from last-minute headaches.
"Buying and selling homes is both emotional and fun to the point where we make television programmes about it, but failing to stick to the rules can have major consequences" advises Tyson Properties’ spokesperson, Daniela Du Plessis.
Her top tips for first time sellers as well as those that haven’t been in the market for some time include:
Drafting an accurate disclosure document: Otherwise known as the immovable property conditions report, this specifies everything from boundary line issues to known structural problems. Putting potential problems on the table protects both buyers and sellers further down the line, she says. At the same time, it is important to point out issues upfront without being harsh enough to completely scare off potential buyers!
Taking care of rates and taxes: As a seller, you are responsible for covering rates and other municipal expenses on a property and are required to pay the equivalent of three months’ worth upfront ahead of any re-registration of the property. Any funds not used will be returned to the seller.
Compliance certificates: As a seller, you must provide the purchaser with compliance certificates (COCs) before registration takes place. Du Plessis says agents can and do recommend service providers to carry out inspections and do repairs and upgrades. Payment can either be upfront (with the possibility of a discount on the total) or stipulated for payment prior to having the proceeds of a sale paid over to you. Different provinces and municipalities require different COCs, but the usual ones are electrical, electrical fencing gas, wood and plumbing, she says.
Making a plan: According to Du Plessis, it is the seller's responsibility to provide the purchaser with approved plans before registration of the property. If this is not possible, a specific amount can be held back to cover any issues associated with the building plans (such as an additional veranda that has not been officially approved).
Sectional title and homeowner rules: Sellers must inform potential buyers of all the rules that apply within a sectional title development. This includes expected rules such as those governing the number and size of pets, noise and parking dos and don’ts as well as homeowner rules which stipulate the architecture, selected paint colours and even indigenous gardening requirements.
Special levy surprises: Although it is logical to tell an interested house hunter about a monthly levy, many sellers forget to inform them about special levies that may have been raised to paint an entire apartment block or replace the fencing before the sale was even considered. As a seller, you are responsible to pay that special levy up until the date of registration. Then the buyer takes over from date of registration, she explains.
Solar and water systems: Both solar systems on the roof and tanks installed to capture rainwater are regarded as fixtures and cannot be removed unless otherwise agreed between the buyer and seller on the Offer To Purchase. Sellers also need to provide proof of registration and any building plans for fitment that may be required by some municipalities.
Once these boxes are ticked, Du Plessis says sellers can turn to the aesthetics of the home that they have put on the market. “Aesthetically, just do the necessary. Give some rooms a coat of paint especially if you have an unusual colour scheme which is better replaced with something neutral or white. Make sure all the light bulbs are working, the curtains are open, and that it is clean. That initial 20 seconds of a buyer walking in does play a very big part in you getting your asking price. Go and buy those flowers. Put that diffuser on. Make it look nice and homely. But don’t over capitalise and embark on a complete renovation, not in the current market,” she advises.
One crucial step is the Mandatory Property Disclosure Form, introduced under the Property Practitioners Act (PPA) of 2022. Without it, estate agents are not legally allowed to list or market your property.
Cobus Odendaal, Managing Director and Principal of Lew Geffen Sotheby’s International Realty, explains that the form is essentially a checklist where sellers disclose the known condition of their property, including structural defects, plumbing and electrical systems, leaks, damp issues, or alterations done without approved building plans. “The form must be completed and signed by both seller and prospective buyer and attached to the sale agreement for the sale to go ahead,” he says.
The disclosure form serves several important purposes:
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Legal Compliance: Agents cannot market or sell a property without a completed form.
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Transparency Builds Trust: Honest disclosure fosters buyer confidence, potentially speeding up the sale.
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Protect Sellers from Future Claims: Declaring known issues prevents future legal disputes.
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Informed Buyers Make Better Offers: When buyers know exactly what they’re purchasing, negotiations run smoother.
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