- Electrical compliance certificate
- This is possibly the source of more conflict between the buyer and seller after transfer than any other clause, with the possible exception of the voetstoots clause.
- The existence of the compliance certificate does not mean that the electrical installation is in excellent working order. It simply means that the basic safety requirements set out in the safety regulations have been met. The regulations governing the issue of these certificates sets out the requirements which must be met.
- Both as seller and purchaser should draft this clause with care.
- As the seller, you want to be sure that once you have delivered your certificate, your obligations are met and you are not held liable for the quality of work of the service provider who issued the certificate.
- As the purchaser, you want to be sure that the seller is obliged to instruct a qualified and accredited service provider whose certificate must be valid, and that this should be done before transfer.
- Increasingly banks are calling for these certificates well before registration of transfer of ownership, so provide that the seller must deliver them within a number of days after the suspensive conditions are met, and not as late as transfer.
- A very cautious buyer may insist in the agreement that his own electrician be employed to issue the certificate at the cost of the seller.
- Beetle certificate
- This is required only where the parties agree that it must be supplied;
- Remember to state whether it must cover only the two certifiable beetles (best if you are the seller) or all wood-destroying insects and wood rot (best if you are the buyer.)
- Remember to exclude wendy houses and perimeter fences from this certificate, if you are the seller.
- Remember that most clauses provide that this covers only accessible portions of the property.
- This certificate is often omitted in sectional title agreements.
- Gas certificate: Required only if there is a gas installation on the property.
- Electric fence certificate: Required only if appliable.
- Alien vegetation disclosure: A relatively new requirement often omitted from many standard form agreements at the moment. It certifies that the seller has pointed out all listed alien vegetation on the property. Harsh penalties can be imposed if this is not done.
- Plumbing certificate: applicable only in certain municipalities at the moment.
- Find out about any certificate required by the local authority in the area of the property or as a result of special circumstances relating to that property.