Property Practitioners Act, 2019 (Act No. 22 of 2019)Chapter 10 : Consumer Protection67. Mandatory disclosure form |
| (1) | A property practitioner must— |
| (a) | not accept a mandate unless the seller or lessor of the property has provided him or her with a fully completed and signed mandatory disclosure in the prescribed form; and |
| (b) | provide a copy of the completed mandatory disclosure form to a prospective purchaser or lessee who intends to make an offer for the purchase or lease of a property. |
| (2) | The completed mandatory disclosure form signed by all relevant parties must be attached to any agreement for the sale or lease of a property, and forms an integral part of that agreement, but if such a disclosure form was not completed, signed or attached, the agreement must be interpreted as if no defects or deficiencies of the property were disclosed to the purchaser. |
| (3) | A property practitioner who fails to comply with subsection (1) may be held liable by an affected consumer. |
| (4) | Nothing in this section prevents the Authority from taking action against a property practitioner or imposing an appropriate sanction. |
| (5) | Nothing in this section prevents a consumer, for his or her own account, from undertaking a property inspection to confirm the state of the property before finalising the transaction. |