Selling property in South Africa is a complex legal process that requires careful attention to detail. Mistakes can lead to delays, financial penalties, or even failed transactions. Whether you’re a first-time seller or an experienced property owner, avoiding these common pitfalls can help ensure a seamless and stress-free sale.
Under South African property law, most properties are sold voetstoots (as-is). However, if a seller is aware of latent defects—issues that are not immediately visible, such as foundation cracks, water leaks, or electrical faults—they must disclose them to the buyer. If a defect is discovered after the sale and the seller was aware but failed to disclose it, the buyer can take legal action.
In South Africa, only a registered conveyancer can legally transfer property from a seller to a buyer. Some sellers assume the estate agent or a general attorney can handle this, leading to delays and legal complications. Choosing the right property conveyancer ensures the transfer is handled correctly and efficiently.
If you have an outstanding home loan, failing to notify your bank at least 90 days in advance can result in early termination penalties. Additionally, the bank requires a bond cancellation attorney, which can add costs and time delays.
✔ What to do: Notify your bank as soon as you decide to sell and consult your conveyancer to manage the cancellation process efficiently.
Before a property transfer can be finalised, sellers must provide certain compliance certificates, including:
✔ Electrical Compliance Certificate (COC)
✔ Beetle Clearance Certificate (for coastal regions)
✔ Gas Compliance Certificate (if applicable)
✔ Plumbing Compliance Certificate (required in the Western Cape)
Delays occur when sellers wait too long to arrange these certificates, leading to setbacks in the property transfer process.
✔ What to do: Schedule compliance inspections early in the sale process to avoid unexpected hold-ups.
The Offer to Purchase (OTP) is a legally binding contract, and once signed, sellers are locked into the terms. Many sellers make the mistake of not reviewing the fine print, which can include unfavourable conditions such as:
✔ What to do: Always have a property lawyer review the Offer to Purchase before signing to ensure your rights and interests are protected.
Avoiding these mistakes can help ensure a smooth property transaction, prevent unnecessary costs, and protect you from legal disputes. Working with an experienced conveyancer and property attorney ensures you meet all legal obligations and avoid pitfalls.
