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How to sell your house privately
You can sell your house yourself, without an estate agent, and keep the commission an agent would charge. You then do the work an agent normally does: pricing, marketing, viewings, screening buyers and getting the paperwork right. These are the steps.
Before you list
Start with the bond and the paperwork. If you have a bond, ask your bank for a settlement figure and check how much notice it needs. The 90 days often quoted comes from bank loan agreements, not the law, so read yours. On a non-fixed-rate bond, giving three months’ notice removes the early termination charge. You also pay the conveyancer a fee to cancel the bond.
Next, find out what certificates you will need. Owners must hold a valid electrical compliance certificate, and a change of ownership may not be allowed with one that is more than two years old. Other certificates, such as gas, electric fence, plumbing or beetle, depend on the property and where it is. Check with your conveyancer. See compliance certificates when selling.
If you are married in community of property, you need your spouse’s written consent, witnessed by two people, to sell. Sort it out early.
Finally, settle rates and levy accounts. The transfer cannot be registered without a clearance certificate from the municipality and, in sectional title, a levy clearance from the body corporate. The municipal certificate is valid for 60 days, and arrears must be paid to get it.
Price and market the home
Set a price from recent sales of similar homes nearby. A price that is too high leaves the home unsold, and one that is too low costs you money. A professional valuation can help. See how to price your home.
Take clear photos in good light and write an honest description: size, rooms, parking, levies and rates, and anything that comes with the home. List it online, and use a board outside if your area allows it. Private sellers can list on PropertyNow through the list your property page.
Handle viewings safely
Only let people in by appointment, never alone, and ask for a name and phone number. Put away valuables and documents. Tell a friend when a viewing is booked. Be ready for the questions buyers ask. They will want to know about the neighbours, the levies, past repairs and why you are selling.
Disclose what you know
The mandatory disclosure form rule in the Property Practitioners Act binds estate agents. A private seller with no agent has no duty under that section. But you should still disclose defects you know about. The voetstoots clause (selling the home “as is”) protects a seller from hidden defects, but not if the seller knew of a defect and deliberately hid it to deceive the buyer. Telling the buyer protects both of you. See voetstoots and latent defects.
The offer and the contract
A sale of land must be in writing and signed by both sides. A verbal deal has no force. Use a proper offer to purchase, and have an attorney check it. Make sure it sets out the price, the deposit and where it is held, the date of occupation, any occupational rent, the conditions such as the buyer getting a bond, and who pays for what. A buyer’s deposit typically goes into the conveyancing attorney’s trust account, but that is what the contract provides, not a general rule.
A five-day cooling-off right exists for some sales. It applies to residential land only if the price is R250 000 or less, and not if the buyer is a company or trust, so it will rarely apply to a typical house sale. Your attorney should still check the contract. See the cooling-off period.
Expect to give your ID, and often proof of address, to the attorney.
Transfer
The transfer attorney runs the process until registration at the Deeds Office. Registration often takes about 8 to 12 weeks from the signed offer, and longer if the matter is complicated. See how long property transfer takes.
What to do next
- Get your bond settlement figure and notice terms.
- Ask a conveyancer what certificates and clearances you need.
- Price the home and prepare photos and a description.
- Have the offer to purchase checked before you sign.
Check what you might owe in tax with the capital gains tax calculator, and compare with agent costs using the estate agent commission calculator. Not sure which route is right? Read private sale or estate agent.
This article is general information for South African readers, not legal, financial or tax advice. Rules and rates change, so check your own situation with an attorney, your bank or a tax practitioner. Our property calculators can help you work out the numbers.