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?
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.
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.
I would also be looking at the Consumer Protection Act to see if any of those clauses would directly or indirectly apply..
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And if you informed the buyer that the brakes don't work and he/she acknowledged this in writing?Originally Posted by Sparks
As long as the paperwork is done, the site is safei 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
I think what you need to bear in mind is that when the law is an ass, people find their own way through the maze. For the law to be strictly enforced, someone has to commence action. And without the prospect of a benefit/advantage being gained, chances of action being commenced are unlikely.
The classic example is the "electrical COC must be obtained before the property is put up for sale." There are lots of practical reasons why this doesn't happen, mostly to do with money (or the lack of it), but also because it would seem prudent to ensure the COC test is conducted as close to the time of transfer as reasonably possible - without actually delaying the transfer, of course
Law doesn't operate in isolation - it has to function within the society it governs. First prize would be that the law is entirely appropriate to the society it governs, but one just has to look at politicians (particularly our current bunch) to understand why that doesn't always work out as well as it should.
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has anyone looked at the consumer act?...i have very little knowledge of it...i have nothing to hide...i dont rip my customers off nor try tie them into dodgy contracts so the only thing i need to know about is it...is whether the equipment the wholesaler is selling is legit.
well you know how i feel about a buyer trusting the seller to do the coc...
looking at it from a different angle...surely any person with a little brains and staff in a building or a better example their famliy at home would want to create a safe enviroment...considering 90% of fires are caused by electrical faults (according to an ad running on east coast radio)
you would think that any man would take the responsibilty and make sure his family is safe...he would spend R100 000 putting up security fencing burglar gaurds to lock his family into the house in the case of a fire...maybe make sur ehis house is as safe as can be...then i ask myself this question...why is it that it seems like whenever a coc is done at the time of sale there are always so many repairs required....
if you maintain the electrical installtion like you service your car...when the house is sold there should be no need for a huge repair bill...every 15000 you service your car...at least every 2 year you should have your house checked and there should only be minor repairs and have them fixed...and make sure you use a legit electrical contractor...word of mouth seems to work for everything else why cant it work for your electrical contractor.
what i find is the people let the electrical installation get so bad that it is already tooo late when they start doing maintanance....some of my customers are in this position...so what we do is make a list and sort out the big problems first then tackle the other issues over a period of time...eventually its like paying off a big debt it goes away if you just keep at it...you stop you go backwards...the penalties and charges get out of hand...much like your electircal installation.
Like Dave said "it's all about the money". Their families lives are not worth a COC.
the other problem is who do you trust...to do a credible job without just trying to make a quick buc out of you...thats the important question.
electrical contractors and i speak for myself are having to to use unskilled labour to perform tasks which they are not suitably qualified at to stay in bussiness...i am looking into reducing my rates to get work by as much as R100-R150 per hour to suvive...and the only way i can do this is by dumping unskiled labour on site and hope i dont get caught....or looking into using forgeiners who are willing to work for fraction of the cost...and are skilled...and i dont have to regster them saving me huge amounts of fees like paye...industrial council fees etc etc...you got to do what you got to do to survive at the moment...and i dont see it getting any better in the near future...call me a pesimist...i would say a realist.
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