Real Estate Investor Magazine South Africa March 2016 | Page 26

BUYING Buying Off-Plan What you need to know BY DREW HOOK What if the property has been badly built? Why buy something that isn’t built? When buying from a developer you don’t pay transfer fees and the most important financial incentive for buying from developer is that bank will finance total cost of house, including VAT’s and all fees. Buying from developer means you are protected by the Consumer Protection Act, which does not apply when buying from private seller. The act gives consumers more protection and imposes greater responsibility on developers to look after their interests, specifically because buyers cannot see the finished product before signing the contract You can also influence the final product and variations in price to suit your needs, eg: Choosing the colour of the carpets, curtains, tiles etc. Can I be sure of what I’m buying? If you are not monitoring the progress of your unit closely you can find the layout and size have been altered along with fittings and finishes. Check the contract carefully and make sure that the specifications of fixtures and finishes are listed in detail and not just referred to in its general clause The big difference between buying sectional title apartment and freehold unit in a development is that the entire sectional title block must be completed before the buyers pay for their units, and contractors with reputable developers and builders will specify that any discrepancies between the promised and the completed sizes should not exceed five to 10 percent. 24 MARCH 2016 SA Real Estate Investor As a consumer you have the right to - Within 3 months, instruct the builder to rectify any non compliance and deviations from the original plans - Within 12 months instruct the builder to repair roof leaks attributable to workmanship, design materials etc - Within five years instruct the builder to rectify major structural defects caused by non-compliance with technical building standards Can I sell before taking transfer? It’s possible to sell your property before taking transfer but proceed with caution. If you are buying specifically to sell to a profit before transfer you may be disappointed. It is not uncommon for the deed of sale to stipulate that buyers cannot sell their units before transfer without the written consent of the developer. Properties in the later phase of development tend to be marketed at significantly higher prices , so developers will be trying to sell their more expensive plots while buyers in the first phase are undercutting them. How can I ensure tenants will look after my new property? You can never know how tenants will treat your property so it could be a good idea to take out landlord insurance. This insurance covers you for potential loss of rent due to tenants defaulting on rent, causing malicious or accidental damage and public liability. RESOURCES Personal Finance www.reimag.co.za