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Thread: The Electrical Certificate of Compliance explained

  1. #31
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    I did provide the correct information and I have the emails to prove it. I have taken legal advice and my action is against the seller. The legal system works on signed contracts. The only contract I have is with the seller. I did not appoint the estate agent, I dd not appoint the transferring attorney and I most certainly did not appoint the electrician who issued the CoC. I also did not pay the R500 for the CoC and I did not give the "invalid" CoC to the transferring attorneys.
    I trusted that the CoC would protect me.

    Dave, as per you words
    Arising from this complaint -
    The member contractor that bought the pad from the ECA was approached by the ECA
    The member contractor then tested the electrical installation at no charge to the complainant
    The member contractor confirmed that the installation was not compliant and has produced a list of faults
    All the above is true.

    The member contractor has attempted to assist the complainant by contacting the non-member contractor
    I don't know but find it hard to believe that he not reach the non-member who is a member of his family?

    Relations between the member contractor and the non-member contractor have... let's just say "deteriorated" since.
    This is true. I gave the member full access because I believed that he was here to give me a quotation to fix the problems. I have never received a quotation. The detailed report protected him and closed my business. I was still awaiting his quotation when he retracted his ECA certificate.

    I trust that the ECA and/or DoL to take appropriate action to protect other buyers.

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    ACEsterhuizen (29-Jun-15)

  3. #32
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    I will say it again, the only way to protect yourself is to get your own electrician to verify the property electrical installation is safe.

  4. #33
    Diamond Member Justloadit's Avatar
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    I think what is more important here is the recourse that a buyer can follow under the circumstances quoted.

    In my view, the buyer has all the right to sue the seller for non compliance of the electrical system. The fact that the COC has retracted adds all the required evidence to take case forward, and get the seller to bring the electrical system to specifications, at the sellers expense.

    The sale was done under a known false pretense by the buyer, and therefor in my books falls under 'Fraud' - a serious criminal offense, and this case prima facie evidence. The COC caused the legality and so called legitimate sale to be proved and processed. This is not even remotely the same as an incorrect COC, the COC was retracted after the transfer of the property.

    Now the course of action lies in the buyer, does he go the legal route to annul the sale, and get his money back with the due expenses, or does the buyer sue for the cost of bringing the electrical system to specifications, with costs.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

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    nemangwe (16-Jun-15)

  6. #34
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    The only contract I signed is with the seller. The CoC, the ECA and DoL are not in the equation. Why do we need a CoC? It only served to confuse a simple case of latent defect.

  7. #35
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by nemangwe View Post
    Why do we need a CoC? It only served to confuse a simple case of latent defect.
    Making a claim for a latent defect is seldom simple

    Mind you, lots of folk get confused about what you're getting from an electrical CoC too!

  8. #36
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    The DoL are now involved and have been excellent. Even if the electrician pays to fix the non-compliance, I will still lose over R200K in building repairs and loss of income. The quote for electrical repairs is over R150K. I would have taken on the chin for R50K. The seller lived here for 5 years so he must have known about the electrical problems. He denies all knowledge and is hiding behind the CoC. I have 2 reports; both clearly state that the CoC should never have been issued. Most electricians are honest. To sue the seller for latent defect, I need proof that the seller was aware of the electrical problems. I wonder how many electricians he turned away until he could find one who would issue a CoC on this property? What did he pay to get this CoC? I repeat: a CoC protects the seller, not the electrician or the buyer.

  9. #37
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    This is very helpful thanks for posting

  10. #38
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    Hi
    Just like to say thanks to Sparks for the brilliant article re-CoC.
    However, I would like to share my recent experience involving the need for a CoC.
    A friend of ours left for the UK and left the keys in our care as they were selling the property and needed someone
    to open for viewing & anything else, that's when it became necessary for the electrician to do an inspection and submit
    the findings so we could relay the info to the UK and get the o.k to have the faults corrected.
    I found the earth for the DSTV aerial an unusual request and after checking all 15 houses on our complex none had an earth.
    I contacted our local & reputable 'dish' installer and he said it wasn't necessary, I tended to agree as I had never heard of this
    in all the time I have had the need for an aerial. I spoke to the electrician and he was extremely nice and said 'dish' installers
    are not electricians as such and didn't know the rules, he promptly corrected all the faults which included the aerial.
    My problem is...this is going to continue with the installers unless they are advised otherwise and people will not be aware
    of the hazard until it is either too late or they decide to buy or sell.

    Cheers

  11. #39
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    Hmmm most informative topic,

    Sent from my GT-I9100 using Tapatalk

  12. #40
    Gold Member Sparks's Avatar
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    They do know but do not want to "waste time". The same way plumbers know that they are not allowed to do the geyser electrical. Its all about the money and to hell with safety. Even insurance companies and the banks know that a new geyser comes with a pamphlet stating that the electrical portion of the installation must be done by a suitably qualified electrician.

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    Jacechop (01-Feb-16)

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