Many property buyers and investors are increasingly using the auction route looking to uncover the next great deal.

For newbies to the auction circuit, there are a few common practices you’ll want to keep top of mind before raising your bidder’s paddle in the air, says Rob Whiteley.

1. Do your homework. Arm yourself with as much information on the property you are interested in before you arrive at the auction. Most auctioneers provide a bidder’s pack that contains essential information about the property (SG diagram, rates and taxes, levies, zoning, etc.) as well as the Offer to Purchase. Some simple online research prior to the auction can also assist in finding out some fundamental facts before you invest your time and money.

2. View the property. Just as in traditional real estate sales, auction companies usually give prospective buyers a chance to inspect the property going on auction. These inspections are usually arranged by appointment or at specific scheduled times (like an estate agent’s show day) designated by the auction company. This is an excellent opportunity to find out all the finer details you need to know before bidding.

3. Remember the “voetstoots” clause. You are agreeing to purchase a property with whatever defects it has at the time of sale, in the location stated in the offer. Unless there is something specifically defined in the offer, the “voetstoots” clause means that the seller is not responsible for any damages or repairs the property may need. This could be as simple as a broken door handle requiring a new lock and mechanism, or as huge as a cracked swimming pool – requiring a total re-build. Know what you’re getting into before you get into it. Also, especially with bank repossessed property, the buyer has to take care of (pay for) the necessary electrical compliance certificate.

4. Make sure your finance is in place. The majority of real estate auction Offers to Purchase have no “bond clause” that is, a clause making the offer subject to the purchaser obtaining a bond to fund the balance of the purchase price. It is therefore crucial for a prospective auction buyer to be positive of their ability to fund the purchase price (and don’t forget the auctioneer’s commission) from whatever financial means necessary. You can raise a bond on auction property, but if this falls through after you are declared the successful bidder, the seller and the auctioneer are probably going to exercise their rights to some compensation from you for a lost deal. In short, you must decide on the highest price you are willing to pay for the property in question – and add on some extra for additional fees. Have your funds in order and waiting in the wings by the time you go to the auction.

5. Prove who you are. It has always been an auction requisite that any prospective bidder should show their bar-coded ID before they are allowed to register at an auction. Since the Financial Intelligence Centre Act 38 of 2001 (FICA) came in some years ago, auctioneers are also obliged to ask for proof of residence (in the form of a utilities bill, etc.) and, in the case of property purchased in the name of a company or trust, a resolution by the members, directors or trustees giving power to the bidder to sign the offer on their behalf.

6. Put emotions aside when you bid. Most people have mentally “moved into the property” on auction by the time they get to the bidding process or have started counting the cash that their “tenant” is depositing into their bank account. Whatever your expectations, come prepared with a price you can afford and don’t go over it. Remember, real estate auction sales are final.

The bottom line is that you can buy property for exceptionally good value at real estate auctions. As a prospective buyer – do your homework beforehand; be sure of what you can afford at the time of auction; and keep a cool head when bidding. Many a first-time home buyer or investor has walked away from an auction with a “great deal”. Happy bidding!

Please contact us if you require any further information or would like to apply for finance:

Complete this short form online

011.327.4489 / 0861 1111 93

morne@mortgagepluscc.co.za

www.mortgagepluscc.co.za

Prospective property sellers and buyers are warned to be careful when dealing with several estate agents who are marketing the same property.

Sellers need to be aware of certain risks or they could end up paying double commission, says Gerhard van der Linde, principal of Seeff Pretoria East.

Van der Linde quotes a recent Supreme Court of Appeal ruling that emphasised that buyers and sellers need to be aware that they could be liable for unexpected estate agent commission claims on property sales.

“The court upheld an appeal against a KwaZulu-Natal High Court decision where an estate agency that had introduced a buyer to a home was not entitled to the agent’s commission.”

He explains that an agent from another company had learnt the buyer was interested in the property.

She contacted them when she discovered the seller was willing to reduce the price, the sale was concluded and she was subsequently awarded the sale’s commission.

Although the first agency had no mandate to sell the house, the Supreme Court appeal overturned the decision indicating the agency had taken the buyer and her husband to the property.

If that agent had not introduced them to the property, the couple would not have known the property was on the market. The first agent was thus the effective cause of the sale and entitled to the commission.

The court stated it was notoriously difficult where there were competing agents, to determine who was the effective cause and that it may be that more than one agent was entitled to the commission. Sellers could then find themselves liable to pay commission to two agents.

“A seller appoints an agent usually under a written mandate to find a willing and able purchaser in exchange for an agreed commission,” says Van der Linde.

If there is no mandate and several agents from different companies are involved, the eventual sale agreement could contain a warranty by the purchaser that they had not been initially introduced to the property by another agent thus providing indemnity to the seller should another agent successfully claim commission, he says.

It is absolutely essential that buyers and sellers are aware of this possibility, he points out.

“Always clarify this situation with your agent/s and make sure that you are not unwittingly going to end up paying a double commission.”

He adds that a sole mandate is preferable as it protects all concerned and the mandate can be drawn up for any period of time that the seller feels will be suitable.

Please contact us if you require any further information or would like to apply for finance:

Complete this short form online

011.327.4489 / 0861 1111 93

morne@mortgagepluscc.co.za

www.mortgagepluscc.co.za