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The ABC's of COC's & Home Inspections

Category Legal

Home Inspection vs COC's

A home inspection includes a thorough and systematic report of the structure, details and fixtures of a property that stands as a visual representation of the condition of the property, outlining the areas of concern, e.g. foundational issues. For instance, the foundation itself may not be visible, but secondary issues, such as cracks in the wall, could be.

Certificates of compliance, or COCs, on the other hand, are documents verifying that the electrical, plumbing, gas, etc. within a given home complies with legislative requirements and are required by law before a property may be lodged in the Deed's Office.

 

Who Pays for What?

A home inspection is not legally required before signing and buying a property. However, COCs are legally required and the duty to comply is included in any standard Louw & Coetzee Properties contract. 

Louw & Coetzee Properties includes a summary of the compliance certificates required in each deed of sale. Our sellers are obligated to arrange for the following certificates, and also cover the costs involved:

  • Electrical Certificate of Compliance
  • Electrical Fence System Certificate
  • Plumbing Certificate
  • Gas Certificate of Conformity 
  • Beetle Certificate

Obtaining these COCs provides legal assurance that a home is safe and secure to move into. If any problems arise before the certificate can be issued, the seller needs to cover the costs of these issues, e.g. faulty wires, or a leaking tap. 

The buyer can then purchase the property, safe in the knowledge that their investment is a sound one. 

 

Why Use an Accredited Supplier to Issue COC's?

An accredited supplier has a high level of training and the required knowledge to provide high-quality, professional outcomes. An accredited supplier is trustworthy and reliable, and complies with legislative requirements. 

 

Why Consider Getting an Inspector to Inspect Your Home?

This is where latent and patent defects come into play. A patent defect is something obvious in the home that needs fixing, whereas a latent defect is not obvious and can be hidden out of sight. This means that the seller may not even know about it. 

A home inspector will be able to look out for things that neither a seller nor buyer might be aware of. This comes in handy if you do not want to come across problems later down the line.

The last thing any buyer wants is to buy a money pit with problem after problem arising after the sale. Situations like these can lead to costly legal disputes and even put the purchase of a seller's new property in a very precarious position, causing a lot of needless stress for everyone involved.

 

Contract Conditions & Home Inspections

As a buyer, it can be daunting to sign an offer to purchase, not knowing what problems may arise once the sale goes through. This is where contractual conditions come in.

Conditions can be included in the contract stating that if the inspection reveals any significant defects, the buyer has the means to back out of the deal, within a specific timeframe, without having to pay any penalties. However, conditions like these have to be specific, and the seller has to agree to it.

This is why we strongly advise that you consult your Louw & Coetzee Properties Sale Specialist during the process of writing an offer and signing the deed of sale.  

Disclaimer: The above serves to give general information about COC's and Home Inspections and does not purport to be legal advice. For specific queries relating to your property, please contact your Sales Specialist or phone us at 021 976 3180.

Written by: Hayley Kellerman

Author: Louw & Coetzee Properties

Submitted 28 Apr 22 / Views 2170

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