In my experience, the true challenges and potential complications of buying and selling and property
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In my experience, the true challenges and potential complications of buying and selling and property really emerge once the transfer process takes places and you get ready to move.
One of the biggest areas of potential conflicts between buyers and sellers has to be the fixtures and fittings. To put it simply, what stays and what goes?
A good rule of thumb was recently provided by my colleague, Jonathan Davies, who is Tyson Properties’ regional director in Gauteng. The offer to purchase states that the property is sold “together with all fixtures and fittings of a permanent nature in or attached to the property which the seller warrants are fully paid for and in good working order”.
What immediately comes to mind are the likes of fitted blinds, curtain rails, electric light fittings, ceiling fans and air conditioners, the television aerial and satellite dish, fitted carpets, garage doors and security doors.
The best guide is that anything fixed or attached to the home should stay put – but, believe me, there will always be areas where things can get murky. One is doors. I recently heard of an instance where one seller actually took her front door with her when she moved! Then there are garage doors which require remotes if automated. The door is fixed but a remote control can be moved away and recoded for use somewhere else.
Another area is stoves and ovens. The rules differ from province to province and you need to check with your agent upfront to make sure what applies in your area. For example, in KwaZulu-Natal, you can remove your free standing stove from your kitchen. In Gauteng, this is regarded as a fixture. When it comes to gas ovens, the appliance itself tends to be regarded as a fixture but, although the gas bottles can be moved, they also need to remain behind.
One of our directors also speaks of an incident involving a borehole. This can’t function without the pump and he recalls one instance where the seller removed the pump rendering the borehole useless. The buyer had to go to court and it was eventually ruled that the pump did, in fact, make up the borehole unit as the hole itself could not pump water without it. While we may not all have boreholes, many modern homes do have Jo-Jo tanks and the same could apply.
Again, mirrors and chandeliers also tend to create problems from time to time. A mirror in a bathroom is deemed to be a fixture if it is attached to the wall but one in a lounge would be seen as ornamental. The same goes for pool maintenance equipment (including Kreepy Kraulies) and garden plants.
If you are planning to put your home on the market or are looking for a new home, my advice is to work closely with and be guided by your Tyson Properties estate agent.
Perhaps the best way to get around the fixtures and fittings issue is to look at not only whether an item is actually fixed to the property but to ascertain whether its function or presence in the home affects other fixtures. A Kreepy Krauly may be removable, if not specified. Gas bottles, although moveable, will render an oven useless so would be considered as fixtures. The same would apply to keys and remotes as they serve a purpose in keeping the fixtures working.
The problem, though, is that many people have things in their homes to which they are emotionally attached. Many items can be family heirlooms or special gifts.
My advice here is to either discuss these upfront with your agent so that they can be both stipulated on the sale mandate and the purchase agreement. Even simpler still, remove these and other items you might value (such as a chandelier or ornate living room mirror) and replace them before you even put your property on the market.
If you show your property to a potential buyer with a list of items that you will be removing, you do run the risk of getting lower offers as a new owner is likely to deduct the amount he would have to spend to replace them. There’s also always the risk that removing a fitting could cause damage that would be costly to fix.
On the flip side, as a potential buyer viewing a property, keep key items and features that could be removed top of mind and ask the agent or even the owner if those items will be removed. If they are stipulated on the mandate, then that question will be easily answered. If, for example, it is a potentially valuable potted plant, such as a rare cycad, that might be a key part of the properties’ kerb appeal, removal could detract from the attractiveness of the property and a little upfront negotiation might be called for.
At the end of the day, remember that it is always better to be proactive and to avoid disagreements and potential costly legal disputes.
Last but not least, take plenty of photographs of the property you are selling or intend to buy. Alternatively, if you are in any doubt ask your agent to email you specific photographs. I’ve had photographs resolve many a potentially unpleasant dispute.
Author: Tyson Properties
