Sellers of property must be aware of their legal obligations in the supply of a certificate of compliance in the sale process. The requirement for the certificate of compliance is prescribed by legislation and is enforced through the Property Sale Agreement.
The relevant legislation prescribes that the user of an electrical installation must be in possession of a “VALID” certificate of compliance and the mere supply of a certificate of compliance to satisfy the requirements of the Property Sale Agreement, will not necessarily mean that this condition of sale has been met. Should the buyer initiate an investigation into the validity of a certificate of compliance and such certificate of compliance be found to not comply with the relevant standards, as a seller, you will still be accountable to the buyer to supply a “VALID” certificate of compliance.
Many electrical contractors have had numerous complaints lodged against them with the Department of Labour but unfortunately still operate and place the integrity of your property sale at risk by not complying with legislation. In many cases, these electrical contractors are malicious in their operations and continue to defraud the public.
It must be remembered that the contractual obligations are between the “buyer and seller” and normally between the “seller and the electrical contractor” and the supply of an invalid certificate of compliance invokes the buyer/seller contract. As a seller, there is no contractual agreement between the buyer and electrical contractor and as a seller; you continue to be held liable for the issue of a valid certificate of compliance.
How do you protect your rights?
Electrical can provide an inspection service to you to ensure that all aspects of the certificate of compliance have been dealt with by your appointed electrical contractor before final payment is made. This will ensure that a valid certificate of compliance is issued to the buyer and that the requirements of the sale agreement are complied with.
Electrical can also ensure that your appointed electrical contractor is in good standing and has no outstanding complaints with the Department of Labour prior to appointment.
Electrical can also provide you with the initial inspection and provide you with a detailed report which will ensure that you are not taken advantage of in terms of being quoted to repair certain items which may not be warranted. This report can be used as tender document by various electrical contractors.