Seller by Owner Compliance Checklist

1. Pre-Sale Preparation

Confirm legal ownership of the property

Obtain a copy of the Title Deed

Check:

Bond status (outstanding amount, if any)

Municipal rates and taxes account

Levy statements (if sectional title)

2. Pricing the Property

Conduct a market-related valuation

Compare similar properties in your area

Consider hiring a professional valuer (optional but advisable)

3. Marketing

Prepare:

High-quality photos

Property description

List on:

Property websites

Social media

Local advertising

4. Mandatory Legal Compliance

You must comply with:

Property Practitioners Act 22 of 2019

Requires a Mandatory Disclosure Form (even without an agent)

Consumer Protection Act 68 of 2008

Imposes fair dealing and prohibits misrepresentation

Key Obligation:

Provide a written disclosure of all known defects, including:

Structural issues

Damp or leaks

Electrical or plumbing defects

5. Negotiation Stage

Vet the buyer:

Proof of funds or bond pre-approval

Agree on:

Purchase price

Deposit amount

Occupation date

Occupational rent (if applicable)

6. Agreement of Sale

Must be in writing and signed by both parties

Include all material terms (see template below)

7. Conveyancing Process

Appoint a conveyancer (usually chosen by the seller)

Conveyancer handles:

Transfer documents

Lodgement at Deeds Office

Transfer of ownership

8. Financial Flows

Deposit held in:

Conveyancer’s trust account

Ensure:

Interest accrues to buyer (if agreed)

9. Transfer & Handover

Ensure:

Clearance certificates obtained

Bond cancellation (if applicable)

Final step:

Registration at Deeds Office

Buyer takes ownership

Strategic Advice:

You avoid agent commission

But still use:

A conveyancer early

A property lawyer for review

This preserves autonomy while reducing legal exposure.