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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1346
Experience:  BLC LLB (Pret) LLM (Augsburg)
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South Africa - Should a conveyancing attorney (appointed by

Customer Question

South Africa - Should a conveyancing attorney (appointed by the seller - private sale) inform both parties if an agreement of sale (proposed by the buyer) is not legal, because it is outdated and therefore does not have a requirement for the seller to obtain a COC for a gas installation?
Submitted: 10 months ago.
Category: South Africa Law
Expert:  Shaie Zindel replied 10 months ago.

Good Evening and thank you for this question. The Conveyancer although appointed by the Seller is required to protect the interests of both Purchaser and Seller. The conveyancer must review the agreement and ensure that it is capable of leading to registration of transfer. He or she cannot make an agreement for the parties but as a minimum I would expect that he or she be satisfied that the agreement is legally enforceable. I trust that I have answered your question - please let me know if you require more information and please remember to rate my service so far. Regards. Shaie

Expert:  Shaie Zindel replied 10 months ago.

One more thing - the gas installation warranty obviously only applies if there is gas at the property? Was the conveyancer advised of this fact? If he wasn't advised there was a gas installation then he can't really be blamed for not including that clause.