[Question] COC for property sales

[murdock]

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.

[bergie]

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.

[AndyD]

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.

[Dave A]

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.

[murdock]

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

[Sparks]

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.

[murdock]

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

[Sparks]

Yes, if the buyer undertakes in writing to do so the onus will shift to him.

[murdock]

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.

[murdock]

http://www.fninc.co.za/publications/Electrical_Certificate_of_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?

[murdock]

i decided to contact some people who do this on a daily basis and...and this is what i was told.

this COC is still not enforced at this point in time by law...in other words it is not written as law...but some people write it into the sale agreement...and you can transfer the responsibily to the buyer...so long as the seller and buyer agree.

so what is it...any comments?

[Sparks]

I could be wrong on the number but I believe it is Article 16 which states that "no item for which a safety standard exists may be offered for barter, tender or sale unless such safety standard has been met" In other words the COC must be in place even before the house/property is advertised(and the Estate Agents board knows this). It also means that a motorvehicle may not be sold without a roadworthy certificate. To the full extent of the law you may not even give your kids your house for nothing without a COC(unless of course all parties agree in writing to transfer liability thereof to the recipient). Selling a car without brakes to someone unlucky enough to kill himself before betting home could see you being tried for culpable homicide. Providied their family are aware of Article 16.

[murdock]

thats what i also thought or should i say read but apprently as you can...if you read in the link i posted within 2 lines they contradict the statement...so yes you can sell a property without a COC before you put the property on the market...so dont let anyone try con you otherwise..."so long as you and the buyer have it writting"

thats why the clause that you have to have a coc before you market the property is absolute rubbish...i wish the powers that be get their sh!t in order before they make rules.

joke of the month...

i have just completed a project working on a site...with yes...wait for it...safety officers...only skilled enough to check if you are wearing safety boots and a hard hat...whooooopeeee do...clearly there is not a huge safety issue on construction sites...the fact that there are people not suitably skilled to carry out the duties they are performing...which creates an extremely dangerous enviroment for others on the site or the people who will occupy the building in the future is not as important...mmmm...looking at the positive side at least they are creating employment

its like the ad for fire equipment...only 90% + fires are caused by electrical faults in south africa...pheewwww thank goodness we dont need to improve our electrical installations...because at least 10 % are safe from a fire.

[AndyD]

I would also be looking at the Consumer Protection Act to see if any of those clauses would directly or indirectly apply..

[Sparks]

Don't you just love SA