The Property Practitioners Act came into effect in February 2022, bringing with it a host of changes when buying or selling a house in South Africa.
According to legal firm Cliffe Dekker Hofmeyr, one of the key changes can be found in Section 67 of the Act obliges property practitioners to obtain a ‘disclosure form’ from a seller or lessor before concluding a mandate, and to provide it to a purchaser or lessee before making an offer.
The completed mandatory disclosure form signed by all relevant parties must be attached to any agreement for the sale or lease of a property, and forms an integral part of that agreement, but if such a disclosure form was not completed, signed or attached, the agreement must be interpreted as if no defects or deficiencies of the property were disclosed to the purchaser.
“If no disclosure form is signed and attached, the Act provides that the agreement must be interpreted as if no defects or deficiencies of the property were disclosed.”Circumstances may arise where a seller or landlord lives abroad and may, on this basis, refuse to complete such a form, as the condition of the property is simply not within their knowledge.
“Regulation 38 states that a breach of section 67 constitutes a minor contravention which carries a penalty of R15,000. The bigger issue, however, is the potential personal risk for the property practitioner in terms of liability for defects in the property.”
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