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Thread: COC for property sales

  1. #1
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    COC for property sales

    here is another question...if you are instructed to issue a COC for a property for sale and you do the inspection report but have a 5 page fault list.

    now the tricky part of the question...the seller tells you that the buyer will be knocking down 80 % of the building...which is 99% of your faults list...what do you do?

    the lawyer requests you issue the COC regards because the building will be knocked down...the seller doesnt want to pay for the repairs.

    my suggestion is cut and strip all the circuits out the DB and issue the COC for the DB and main switch only and exclude the rest of the building...the problem with this is that the purchaser moves in and ask what happened to all the plugs and lights that were working when he looked at the building...who would be liable for all the repairs you or the seller...

    maybe some of our bright lawyers could answer this question.

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    if you are instructed to disconnect and strip circuits out,its not your problem what they do with the house afterwards. they dont even have to tell you that they are selling the house.

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    Diamond Member AndyD's Avatar
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    This is the kind of rubbish I hear at least two or three times a year from people who are confronted with a list of faults. It's not your concern what their plans are for the property whatsoever. If the wrecking ball is already swinging from a crane in the front garden the failure list would still look exactly the same.

    If they want to remove sections of the installation that would be fine as long as we got the request from the legal owner of the property in writing. If removing those sections then makes the installation compliant they would then get a COC for a nominal retest fee.
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    Site Caretaker Dave A's Avatar
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    In this situation we are prepared to issue a COC for a builder's supply, only after we've obtained written confirmation from the purchaser that this is all he/she requires.
    The trouble with opportunity is it normally comes dressed up as work.

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    anyone know of any section of the oshact which provides for this type of situation?

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    Gold Member Sparks's Avatar
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    The seller was my client. On their instuction I removed unnecessary circuitry and issued a COC after minimal maintenance repairs. Never heard about it again. The buyer demolished the outbuildings & filled the pool.

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    i havent read the calause but aparently there is a clause in the oshact which alows a property to be sold and the owner takes on the responsibilty and has 90 days in which to sort out the COC...this could get interesting

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    Gold Member Sparks's Avatar
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    Yes, if the buyer undertakes in writing to do so the onus will shift to him.

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    dave with you being in the bussiness of COCs...do you know anything about section 10.4 of the oshact?

    anyone like a lawyer who deals with property sales have any info about this type of info?

    it apparently states that if you sell the property the buyer can take on the responsibilty but has 90 days to fix and issue the COC...i have not read or found the info so would appriciate if someone who has the oshact can fill us in...or lead us in the right direction with some credible information.

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    http://www.fninc.co.za/publications/...Compliance.pdf

    page 1 of this document states that you can transfer the responsibility over to the buyer but it has to be in writting...

    so if i am reading this correctly...when i sell my house i just put a clause in the sale agreement...which states in writting that it is not my responsibility to get a coc for the sale of my property?

    then 2 lines down it states that the agent must ensure that the seller has a valid COC...so what is it...

    what is the law...

    yes you can put it in writting...or no...under no condition can you sell the property without a valid COC?

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