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Sold House - Happy Couple

How do I sell my home privately?

How do I sell my house privately?

Anon • Dec 18, 2018

How do I sell my house privately?

How to ready your home or property for the sale?

Whether selling your property through the Owner Selling property platform,  or through an agent, a well maintained, de-cluttered home will stand out from other properties for sale. This will create a better impression for the potential buyers. Make sure any basic repairs and maintenance issues like leaky taps, broken tiles, gutters, faulty switches and broken windows. Homes that are well presented and well maintained typically sell faster than those that are not. For more information and some healthy tips on getting your property ready for sale, click here.

Determine the correct selling price for your property

When putting your property on the market, it is very important to correctly price your property for the current market. Fair market valued properties, sell faster and have a higher interest rate than properties that are over priced. A property that is badly priced will take longer to sell. Research your asking price by getting to know your local market.

What can influence the price of a property?

A picture paints a thousand words. Take pictures that will appeal to the buyer and write a good and detailed description.

Photographs are a major factor. Take good photos from the most appealing angle and in good light. Write a detailed description about your property and highlight some of its features. You can include some details about the surrounding neighbourhood, these can include schools and shops. 

List the property
Selling privately has cost benefits since there is no agent commission and allows you to be in complete control of the selling process. Studies show that over 80% of property searches today begin online, so a good property website like the Owner Selling property platform can help make selling privately the right choice.

Conduct viewings of your home
Interested buyers will be in touch to view your home. You can decide whether to host a show day or arrange views by appointments. As a optional extra, Owner Selling can supply For Sale & On-Show boards for the outside of your property.

What to do to be safe when offering a property viewing or show house?

Choose a conveyancing attorney

As the seller, you will need to choose a conveyancing attorney to handle the legal work to transfer ownership of the property. Attorneys will be able to supply you with the relevant paperwork like an offer to purchase, and with any legal advice that you may require.

What is a conveyancing attorney and what will they do for me when selling a property?

Accepting an offer

Interested buyers will send through an offer to purchase. Your conveyancing attorney will supply you with the offer to purchase document which includes the property description, the purchase price, occupational rent amount and occupation date, special conditions and any other relevant information. If you wish to accept the offer and sign it, then it becomes a legally binding contract and can be submitted to your conveyancing attorney. 

Completing the offer to purchase document.

Property Transfer
Your conveyancing attorney will receive the signed offer to purchase, complete a number of tasks, liaise with various parties and lodge the sale documents at the Deeds office. This process can take up to 3 months after which the property will be transferred from your name to the buyers and the conveyancing attorney will ensure you receive the proceeds of the sale.

Completing the offer to purchase document

Completing the offer to purchase document.

Completing the offer to purchase document.

Property Power • Sep 18, 2015

Completing the offer to purchase document.

The safest way to purchase your home is for your  attorney to draft the Offer to Purchase Document and thoroughly explain all the clauses to you, in order to ensure problem-free paperwork and no disappointments.

Once the Offer to Purchase is signed by all the parties concerned, it is a binding contract. Remember that a verbal sale of immovable property is invalid.

A quick checklist when completing an offer to purchase:

  • Check that the description of the property is correct (as described in the title deed).
  • Are all the buyers’ and sellers’ details documented clearly?
  • Check that the purchase price is written correctly.
  • Are you happy with the occupation date and occupational rent amount?
  • Make sure you are aware of any special conditions and the time period in which these conditions need to be fulfilled, i.e. that the agreement is subject to a grant of the buyer’s bond, or the sale of his other property.
  • There may be movable items that can stay with the property. Are they all listed and are the movable items which are not included in the sale, listed?
  • Check that the estate agent’s commission is correct (as agreed upon).

What happens if you make a mistake on the contract?

If a mistake is made in a contract for example, the date is written incorrectly, it does NOT render the contract invalid. Such an error can be rectified. Rectification is the correction of the written record and does not allow for any additional terms to be included in the contract. Therefore omitted words may be added, extra words may be deleted and incorrect words may be replaced by means of rectification so that the mistake may yield to the truth of the matter.

It is always in the best interest of all parties to the agreement, to initial next to the rectification, in order to eliminate future disputes about the mistake.

Completing a Standard Pre-Printed Offer to Purchase Document and Drafting Clauses.

  • All blank spaces must be completed fully or deleted completely.
  • The words “to be agreed upon” may not be used in blank spaces as this could invalidate the agreement.
  • Clear, plain language must be used to complete blank spaces or add clauses. It might be a good idea to draft a clause on a separate piece of paper first before writing it in the agreement.
  • Irrelevant clauses must be deleted completely.
  • Amendments to clauses must be clearly worded.
  • All deletions and amendments must be initialled by all parties involved.
  • There is usually space to add clauses, in a section called ‘Special Conditions‘. If this space is insufficient, additional clauses can be included on a separate document, but then the ‘Special Conditions’ clause must refer to the separate document. The separate document must then be entitled “Annexure A”, and must refer to the main contract.
  • A contract can be amended after all the parties have signed it, as long as the amendment is in writing, signed by all the parties and, in the case of a separate document, attached to the main contract.
  • It is not essential that the parties initial each page of the document, although it is recommended to avoid possible disputes.
  • It is also not essential for a witness to sign a contract for it to be valid. The witness only really acknowledges that the contract was signed by the person whose signature he witnessed. Two witnesses must attest the signature of a spouse married in community of property who consents to an agreement of sale in a document separate from the agreement of sale.
what is a conveyancing attorney

What is a conveyancing attorney and what will they do for me when selling a property?

Do I need a conveyancing attorney?

Property Power • Nov 25, 2015

What Do Conveyancing Attorneys Do, Who Appoints Them, and What are You Paying For?

Ownership of immovable property is not obtained on signature of the offer to purchase document or even on payment of the purchase price. Ownership is only obtained on registration of the property, into the buyer’s name, in the Deeds Registry Office.

Conveyancing is the legal process that takes place when lawful ownership is obtained of immovable property. Each time a property is sold; a new deed of transfer must be drawn up and registered. This is to ensure the security and certainty of an owner’s title to his property.

There are three conveyancing attorneys involved in the property buying/selling process:

Transferring Attorneys
They transfer the property from the seller to the buyer.
They represent the seller and are appointed by the seller.

Registering (or Bond) Attorneys
They register the bond over the property in favour of the bank that is financing the purchase of the property.

They represent the buyer and the bank granting the buyer’s home loan.

Appointed by the bank granting the buyer’s home loan.

Cancellation Attorneys
They cancel the seller’s existing home loan on the property. They represent the bank cancelling the seller’s home loan.
Appointed by the bank cancelling the seller’s bond.

Conveyancing Fees – What is it you are paying for?
Conveyancing has become a very stressful profession, with conveyancers and their staff often under immense pressure to perform to clients’ expectations.

Much of the process, which they have to coordinate, is actually out of their hands. They are heavily dependent on banks, city councils, revenue offices and other role players (including local deeds offices) to perform their duties by furnishing them with bond instructions, rates clearances and so on.

Conveyancers and their secretaries are delayed and compromised by buyers who fail to pay deposits or rentals on time, or by both buyers and/or sellers wanting to change agreements resulting in inevitable further delays. Often it is just one party that defaults, resulting in the other pressuring the conveyancer to remedy the situation, hassles with electrical certificates and latent defects pressurise conveyancers even further.

In a typical registration and transfer process the attorney is involved in more than 50 activities, involving up to 12 parties, before the transaction can be completed. In many towns the number of estate agents outnumber conveyancers by 25-1. Just consider that the conveyancer is probably the person who does the most for your property transaction. The conveyancer has to deal with all the parties involved and he assumes responsibility for the collection and payment of all amounts due.

As the Seller, appointing one of the three Conveyancing Attorneys involved in the Registration and Transfer Process, what can you expect from your conveyancer?

The Conveyancer should:

  • protect the interest of his client, the Seller, at all times and these interests should outweigh all other considerations except of course issues of legality;
  • inform the seller of the conveyancing procedure and keep the seller informed of the progress of the transaction;
  • advise the seller on the content of the Offer to Purchase, especially regarding suspensive conditions;
  • advise the seller on the cancellation of his bond , any penalties, notice periods and other administrative charges which may affect the settlement figure;
  • obtain the seller’s instruction before issuing any guarantees in respect of the transaction;
  • do everything in his power to register the transaction on or as close as possible to the date agreed to in the offer to purchase;
  • advise the seller on his obligations in terms of the offer to purchase, so as to ensure that the transfer is not delayed;
  • meet with the seller to explain, as well as sign the necessary documentation in order to conclude the transaction;
  • prepare the deeds for lodgement with care , so as to minimise the risk of rejection of the documentation by the Deeds Office;
  • inform the seller of the transfer on the day of registration;
  • account to the seller for finances relating to the transaction within two days after registration.
White Doors Open

Stay safe on show days

What to do to be safe when offering a property viewing or show house?

Lea Jacobs • Oct 7, 2015

Stay safe on show days

Show houses have been a part of life for estate agents for years and are regarded by most as an effective selling tool. Spending a Sunday afternoon showing people around a neat, well presented home is the ideal way to showcase what’s on offer in order to generate interest in the property.

And, serious buyers generally enjoy the freedom of viewing a property in their own time and as such will visit several show homes until they find exactly what they want. All in all, it looks like a win-win situation. But there are concerns – and big ones at that.

Security issues are at the forefront of most South Africans’ minds and the fact that your home could be closely inspected during a show day is something worth considering. While there are thousands of innocent buyers who are genuinely looking for a new home, there are also those who visit show houses for all the wrong reasons. Agents tend to be very aware of this and it is rare to find a female agent willing to show a house on her own.

Numbers count

Savvy agents are also careful as to how many prospective buyers they allow into a home at any given time. The days in which prospective buyers could arrive in their hordes and wander around a property at whim are long gone. Most agents will only allow one couple at a time to view a property and will accompany them while the viewing takes place.

Of course it’s not only on show days that sellers are vulnerable – the mere fact that agents have to show people around a home in order to get it sold can make the property a target for criminals. A recent case in Gauteng highlighted the dangers of allowing strangers into seller’s homes. A man nicknamed “Steve the Shopper” by the press targeted show houses and contacted individual agents to arrange private viewings.

The smooth operator managed to steal jewellery to the value of R25 000 from one home, and money and an expensive watch from another. According to a report in The Star, at least seven other cases have been linked to Steve, who also operated under the name “Bertus”. By the looks of things, however, his days of looting are over. Thanks in part to agents who set up a Facebook page dedicated to exposing criminal elements within the real estate sector, Steve has been arrested.

While it may be easy to point fingers at estate agents (after all, surely buyers should be thoroughly vetted?) it pays to remember that crooks are notoriously sly and there will always be those who manage to slip through the cracks.

With that in mind, you should take extra precautions when your home is on the market:

  • Lock all jewellery and other valuables away – don’t assume that because something is hidden in a drawer that it will be safe
  • Do not leave cash lying around
  • Ask the agent if and how buyers are vetted
  • Ask the agent to supply contact numbers for everyone viewing the property
  • Insist that the agent remain with the buyers at all times while they are viewing the home
  • Alert the agent concerned and the police immediately if you find something is missing

With security in mind, many sellers and agents are opting to add a virtual tour to their online listings. This feature allows potential buyers to “walk around” a home before they decide that they need to view it in person – generally ensuring that only serious buyers enter a property that is for sale.

Building - Yellow Paint

What can influence the price of a property?

What can influence the price of a property?

Lea Jacobs • Jun 24, 2018

Factors that influence a property's price

Correctly pricing a home is not a mathematical equation – a number of factors play a role in determining what is a fair price. Here are some of the factors that need to be taken into consideration.

How often have you gone window shopping for property on the web and come across a plethora of properties that in your opinion are completely overpriced? Just about anything and everything will determine a property’s value and taking a decision on price based purely on emotional reasons could backfire horribly, leaving the seller sitting with a home that no one is willing to buy.

Correctly pricing a home is not a science or a mathematical equation – a number of factors play a role in determining what is a fair price.
Here are some of the factors that need to be taken into consideration before putting a price tag on a home.

  1. Location is basically everything in real estate. Selling a property in a sought-after area is automatically going to boost the price. This of course, doesn’t mean that a run-down home is going to sell for millions more, it simply means you’ll get more for the property than if it was situated in a less popular area. Likewise, even if a beautiful home is situated in a top suburb, the fact that it is situated on a busy road may affect its value.
  2. Trying to sell something that bucks the trend may also affect the selling price. These are generally architecturally designed homes that, well to put it bluntly, are just odd looking. No matter how beautiful the seller may believe his home is, buyers may not have the same taste and will overlook the more outrageous properties on the market thereby forcing the seller to eventually lower his price in order to make the home appear more attractive.
  3. Well-maintained older homes are beautiful and are popular with those looking for features such as Oregon pine flooring and stained glass doors. However, older homes that have been left ‘as is’ aren’t generally going to sell for a good price. Buyers look for comfort and convenience when they are buying. Paying a couple of million for a home knowing that you are going to have to renovate the kitchen or bathrooms (which were last renovated in the 70s) isn’t going to appeal to most. That said, it’s also important to remember that undertaking dramatic improvements won’t necessarily mean that the seller is going to recoup the outlay when he sells. For this reason, it is far wiser to ensure that the home is periodically updated and that the fittings generally fit in with current trends and do not reflect something that was in vogue 20-odd years ago.
  4. Another aspect that plays a crucial role in pricing a property is perception. Is the property situated in an area that has, in the past, experienced high levels of crime? This is a delicate topic in South Africa because crime is so widespread. However, some areas do appear to be more affected than others and this is probably going to influence the eventual selling price.
  5. The size of the home. Again this may vary from area to area, but not everyone is looking to invest in a mansion. Size most certainly isn’t everything and buyers aren’t necessarily going to blown away by an oversized home. Sure they want to live in comfort, but this doesn’t mean that they will pay more for a five-bedroom home than they would if the property only had three. The one thing that does impact a buying decision is the number of bathrooms available. Most homes these days boast two bathrooms, however, many older homes don’t and the occupants have to contend with queuing to use the loo.
  6. Probably the most important element in all of this is the wow factor. Homes that stand head and shoulders above the crowd are generally very well-maintained. They are beautiful decorated, have exquisite gardens and, well, if truth be told, put the neighbouring houses to shame. Just because the home has been designed in a similar mode to others around it, doesn’t mean that the seller won’t be able to sell for a higher price. We don’t have any evidence to back this up, but are willing to bet that a home that shows that its been loved will sell quicker and for a higher price than one that isn’t.
ready to sell your home

Getting your home ready to sell your home privately?

What must a person do before buying a property

Property Power guide. - Sep 17, 2015

Getting your home ready to sell

The home that you live in and the home that you are selling are two different things. The home you are selling is a “product” with competition around every corner. You need to make your home appealing to as many people as possible. Home buyers generally find clean, cosy and spacious homes inviting. People need to be able to imagine their own furniture and belongings in the house and visualise what this house would look like as their home.

Here are some simple tips to ensure neatness, cosiness, spaciousness and appeal:

Outside Your Yard:

First impressions last, so:

  • Make sure that the lawn on your verge is neat and the sides are trimmed.
  • Rinse off any rain splatters on the outside boundary walls, and fix the cracks.
  • Paint the boundary walls, palisade fencing and front gate if they appear faded or stained.
  • Repair damaged pre-cast walls or walls that are practically falling over.
  • Make sure the locks and/or motors, any lighting and communication systems on the front gates are in good working order.

Garden:

A well-kept garden which looks easily maintainable is appealing:

  • Keep the grass mowed and the sides trimmed.
  • Rake up any leaves that have fallen from the trees.
  • Trim all dead leaves off the plants.
  • Make sure that all toys and garden utensils are picked up and put away before a buyer comes to view your home.
  • Keep the pathway to the front door clear and easily accessible.
  • Maintain the shed and other structures in the garden, i.e. the washing line.
  • Fix the cracks in the driveway and poison/remove the weeds between the paving.
  • Make sure the roof and gutters are maintained.
  • Repair or replace any window putty that is cracked or chipped, and repaint once dried.
  • Make sure that wooden window frames are maintained. Treat the wood if it appears weathered.
  • Make sure that the pool is well maintained.
  • Please pick up any “mess” your animals have made… and that includes the most recent shoe or toy that has been shredded.
  • In summer, it may help to give the garden a few drops of water before a viewing.

Inside:

Buyers generally prefer a home that they can just move into, without having to do anything else…

  • A good spring clean before you put the house on the market is always a good idea. A buyer will perceive that there is less work to be done on a house that is clean and tidy.
  • De-clutter! By packing away a few personal ornaments and smaller pieces of furniture, you can make your home appear more spacious.
  • Keep your kitchen and bedroom cupboards uncluttered. Pack clothes and utensils away that are not often used. The more space – the better.
  • Pick up all the toys off the floor before a buyer comes to view the house – you don’t need any embarrassing accidents.
  • Arrange every room in the house as neatly as possible.
  • Neutralise your colour schemes as much as possible. Harsh or powerful colours do not always appeal to everyone. Walls painted with neutral colours may be better from a resale perspective.
  • Make sure the walls and skirting boards are clean and are not cracked or damaged. Re-paint where necessary.
  • Repair any leaking taps and toilets.
  • Replace or repair anything that is broken or missing, i.e. washing basin plugs, cupboard keys and locks, loose door knobs, and so on.
  • Repair all sticking or squeaking doors and windows, warped cabinet doors and drawers and all other minor flaws.
  • Pay attention to any woodwork on your home and treat it accordingly if necessary.
  • Replace broken or cracked windows.
  • Make sure that all your lights are in working order and where necessary replace broken bulbs.
  • NEVER try to hide any serious damage, like damp or a leaking roof. Please read the articles on the Consumer Protection Act (CPA) and Patent & Latent Defects in the Property Power Magazine. In terms of the CPA, a buyer’s rights have increased tremendously, and in certain instances a seller may be held responsible for any defects, even after the property has transferred to the new owner.
  • In summer – open some windows and doors to let the air in.
  • In winter – let some fresh air into you home for a while before a viewing.

Tips on what NOT to do when a buyer is browsing:

  • When an estate agent is showing your house, let him do the talking. He knows what his client is looking for.
  • Be friendly and welcoming, but don’t have a conversation with the potential buyer, unless asked a question.
  • Do not try to sell furniture and furnishings to potential buyers.
  • Do not apologise for the appearance of your house (as long as it is clean and presentable).
  • Keep pets out of the way – it is preferable if you lock away big dogs that are not trained or used to strangers in the yard.
  • Keep in mind that when you sell your car, you go to all the trouble to make sure that it is in immaculate condition. Why not do the same with your home?
Couple Cooking Together

What must a person do before buying a property in South Africa?

What must a person do before buying a property

Steps to take before buying a house.

  1. A person (“buyer”) must contact his/her bank to find out whether or not s/he qualifies for a home loan and if so, what amount s/he qualifies for.
  2. A buyer must make sure that s/he can afford the monthly loan repayments and other costs like, rates and taxes, water and electricity, insurance premiums and so on.
  3. A buyer must find out about any once off costs, for example, legal costs, transfer duty or value added tax, loan administration, initiation and registration fees and so on.
  4. A buyer must also consider his/her future needs, for example, whether the property that s/he intends to buy is close to his/her work, shops, schools, hospitals and so on.
  5. A buyer must examine the property s/he intends to buy thoroughly for any defects or potential defects, for example, cracks in the walls, damage to the roof, faulty plumbing and so on. The defects may be taken into consideration when negotiating the purchase price of the property.
  6. A buyer must ask the person selling the property (“seller”) to provide him/her with the following documents: copies of the title deed and diagram; any existing lease agreements; approved building plans; and any other relevant information (such as zoning, town planning or municipality requirements). These documents must also be taken into consideration when negotiating the purchase price of the property.
  7. After examining the property and perusing the documentation, the buyer must decide whether or not s/he is interested in buying the property. If the buyer is interested in buying the seller’s property, s/he must make an offer to the seller or his/her estate agent.
  8. When the terms and conditions of an offer to purchase are being negotiated, the buyer will be asked for the date that s/he intends to move into the property (occupation date). If no date is set, the seller has the right to remain in the property until the property has been registered (transferred) into the buyer’s name and the seller has received the purchase price.
  9. After the buyer and seller have reached an agreement on the terms and conditions of the sale, the offer to purchase must be reduced to writing (if not already done so) and signed by both the buyer and the seller in acceptance; a sale agreement comes into existence.
  10. Any change to the sale agreement must be done in writing and signed by both the buyer and the seller.

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