A couple of things came to the fore:
1. The offer to purchase/agreement of sale did not provide for
Lessons to be learnt:
circumstances under which the property is damaged after the
agreement is signed and before the property is transferred ­ it is
important to mention, though, that the owner of the property remains
liable for the repair of the damages.
1
2. The property was insured by the sellers but it was soon pointed out
Read through the terms and
to them that the insurance policy stipulates that the property may
conditions of the offer to
not have been left vacant for a period of more than 30 days in order
purchase/agreement of sale and
for them to be covered for the damage to the property ­ the
ask questions ­ don't just accept
property was vacated by the sellers 40 days before the burglary and
the template offered by the estate
the insurance claim was subsequently rejected leaving the sellers with
agent (or some stationery store).
the additional costs to repair the damages.
2
When you sell your property and
you want to vacate the property
before registration consult your
insurance policy first and make
sure that any damages will still be
covered by the insurance policy.
Some important clauses in an agreement
of sale to look out for:
1.
If gas appliances are installed, a gas certificate of compliance must
be obtained by the seller;
2.
Is there a tenant in the property and what are the terms of the lease
­ the agreement of sale wil be subject to the lease agreement which
means that the tenant's rights in terms of the lease agreement will
remain in force despite the change of ownership;
3.
Are there suspensive conditions applicable? For instance, the
agreement is subject to the suspensive condition that the purchaser
obtains financing within a specified period;
4.
When will occupation be taken by the purchaser?
5.
Will occupational rent be payable if the purchaser takes early
occupation and what will the amount be?
Who are the conveyancing attorneys? The general rule is that the seller
may select the conveyancing attorneys, but the purchaser, under certain
circumstances may request that a specific firm be appointed (for instance,
if a close friend or a family member is a conveyancer).

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