Whose responsibility are property defects ? Happy clauses make happy sales...
Even if the conveyancers have been appointed either by the seller or the buyer to register transfer of ownership of a property, their role is only that - to collect the required documents and the purchase price, liaising with attorneys who may have been appointed to register a mortgage loan for the buyer, and attorneys appointed to cancel the seller's existing mortgage loan. Sometimes we as conveyancing attorneys are appointed to do all 3 transactions, sometimes 2 of them.
The conveyancers also collect and safeguard any deposits as may be due by the buyer, holding this is trust for release to the seller on the day of change of ownership registration.
Conveyancers' neutral
What conveyancers don't do is act for either party in a defects dispute. They try to remain as neutral as possible and any claimant should consult their own attorney if they wish to claim something from the other. What we do do is try and facilitate a settlement if there is a dispute by encouraging the claimant (usually the buyer) to get a quote for the repair of the damaged property and submitting it to the seller to see if agreement can be reached to deduct this amount from the proceeds of the sale.
The conveyancers are not authorised to merely deduct or withhold money from the seller because the buyer has requested or demanded it. That is something that needs to be resolved between the parties or their attorneys or court action, if it progresses to that.
Disputes and Careful clauses
Disputes are always best avoided by being very careful and specific if clauses are inserted in a sale agreement to provide for any particular circumstance. Badly worded or ambiguous clauses are, by far, the biggest cause of later misunderstandings and disputes.
Help is at hand
Mc Naught and Co. are always willing and at hand to help with the drawing of special clauses to be inserted in a sale agreement - saving many an argument and tears later on.
Contact Mark on 0870210123
or [email protected]
maclaw co.za