CHECKLIST FOR AGENTS

FICA FOR SELLER AND BUYER – ID AND PROOF OF RESIDENCE, UNDER 3 MONTHS
OLD

BOND ACCOUNT NUMBER FOR SELLER (IF BONDED)

HAS SELLER ALREADY GIVEN NOTICE TO BONDHOLDER TO CANCEL BOND?

DOES SELLER HAVE ORIGINAL TITLE DEED? ( IF UNBONDED)

MARITAL STATUS – SELLER AND PURCHASER- IF MARRIED BY FOREIGN LAW, ASK:
WHAT WAS THE HUSBAND’S DOMICILE AT THE TIME OF THE MARRIAGE

HAS SELLER’S MARITAL STATUS CHANGED SINCE TAKING OWNERSHIP (DIVORCED,
WIDOWED OR NOW MARRIED?)

ENQUIRE WHETHER SELLER OR PURCHASER NOT PROVISIONALLY OR FINALLY
INSOLVENT OR LIQUIDATED.

ELECTRICAL CLEARANCE CERTIFICATE IN PLACE? (ISSUED 2 YEARS PRIOR TO THE
TRANSFER DATE OR EARLIER ) AND IF NOT, A NEW INSPECTION AND CERTIFICATE IS
REQUIRED

BEETLE CERTIFICATE – INSPECTION MUST BE AFTER THE SALE UNLESS SALE DOC
STIPULATES IT WOULD BE VALID FOR A PERIOD BEFORE THE DATE OF SALE

GAS CERTIFICATE OF COMPLIANCE – ONLY WHERE a GAS INSTALLATION ON THE
PROPERTY- TO BE ISSUED BEFORE OCCUPATION OR TRANSFER ,WHICHEVER IS THE
EARLIER. BEST TO LIMIT ITS PERIOD OF VALIDITY TO 2 YEARS PRIOR TO THE DATE OF
SALE. (This must be dealt with in Deed of Sale. See attached Addendum)

PLUMBING CERTIFICATE OF COMPLIANCE- TO BE ISSUED AFTER THE SALE BUT
BEFORE OCCUPATION OR TRANSFER, WHICHEVER IS THE EARLIER- CANNOT HAND
OVER AN EXISTING ONE. (This must be dealt with in the Deed of Sale as follows:
“The Seller shall, prior to transfer of the Property or the occupation date, whichever is the
earlier, at his cost and expense, submit a valid Certificate of Compliance as contemplated in
Section 14 of the City of Cape Town Water By-Law of 2010. ” …………THIS ON HOLD FOR
NOW.

LATENT DEFECTS? SELLER TO APPLY MIND TO LEAKS ETC. RECORD THESE. NOTE
THAT PURCHASER ACCEPTS AS IS OR SELLER TO REPAIR- DEAL WITH THIS IN THE
CONTRACT.

ESTABLISH PROPERTY’S CURRENT ZONING STATUS

ARE THERE RESTRICTIVE TITLE CONDITIONS? GET A COPY OF THE TITLE DEED FROM
THE SELLER AND GET PURCHASER TO LOOK AT IT AND CONFIRM ACCEPTANCE
THEREOF (BEST TO DISCUSS ANY ONEROUS CLAUSES WITH THE CONVEYANCER.)

IS SELLER NON-RESIDENT FOR TAX PURPOSES AND PURCHASE PRICE OVER TWO
MILLION? – BEST TO SPEAK TO ACCOUNTANT. APPLIES TO SELLERS AS INDIVIDUALS
OR ENTITIES.

TENANT – GET A COPY OF THE LEASE- IS TENANT STAYING OR GOING? DEAL WITH IT
IN THE AGREEMENT OF SALE AT THE OCCUPATION CLAUSE

IS A SPECIAL LEVY PAYABLE? (IF SECTIONAL TITLE) NOTE: IT IS PAYABLE BY THE
SELLER IF RAISED BEFORE TRANSFER UNLESS THE SALE AGREEMENT STIPULATES
OTHERWISE.

IF SIGNATORY TO CONTRACT IS SIGNING UNDER A POWER OF ATTORNEY, REQUEST A
COPY. (IT MUST BE DATED PRIOR TO THE DEED OF SALE.)

IF COMPANY OR CLOSE CORPORATION IS SELLING OR BUYING, IS THE SIGNATORY
AUTHORISED TO SELL OR BUY- RESOLUTION IN PLACE?

IF COMPANY OR CLOSE CORPORATION IS SELLING OR BUYING, IS IT STILL ON THE
REGISTER OF COMPANIES AND NOT DEREGISTERED?

1) IS SELLER A VAT VENDOR? 2) IF SO, IS IT A VATABLE SALE (IE FORMING PART OF
THE VATABLE ENTERPRISE) - BEST TO SPEAK TO SELLER’S ACCOUNTANT

IF SELLER OR BUYER IS A TRUST, THERE MUST BE A RESOLUTION FOR THE TRUSTEE
TO BIND THE TRUST, DATED PRIOR TO THE SALE- VERY NB (OR ALL TRUSTEES TO
SIGN THE OTP) GET A COPY OF THE LATEST LETTERS OF AUTHORITY. OTHERWISE IT
IS NOT A VALID SALE.

ARE INCOME TAXES OF THE SELLER AND BUYER UP TO DATE?

ARE RATES AND TAXES UP TO DATE?

IS A HOWEOWNERS’ ASSOCIATION INVOLVED? GET DETAILS.

ARE BUILDING PLANS IN PLACE FOR ALL IMPROVEMENTS ON THE PROPERTY, WHERE
REQUIRED BY COUNCIL?
BELINDA LEWIS
SMITH TABATA BUCHANAN BOYES
CLAREMONT OFFICE
FEBRUARY 2011