Attorneys Forgot Electric Fence COC, now what?

[clembez]

I wonder if anyone can help here. I purchased a property a year ago and received the electric certificate of compliance. At the time I thought this included the electric fence and didnt know there was a seperate certificate required for the electric fence. We are now selling the property and the electrician says its not compliant. So When we purchased the property the attorneys never submitted the EFCOC. So now I have spend a few thousand to make it compliant. Surely this cost should be incurred by the attorneys who never submitted one in the first place and could be in big trouble for not doing so? What do I do?

 

[P1000]

If it's only "a few thousand", it's probably not worth trying to fight attorneys over this...

 

[Joe105]

Funny, your are not alone in this.
User on MyBB also have the same issue as you.

 

[clembez]

Damn. Its R4500 +- from two different quotes. The attorneys are now saying "Seems huge part of our file has gone missing". How convenient.

 

[clembez]

Funny, your are not alone in this.
User on MyBB also have the same issue as you.

ya thats me. Asking there as well.

 

[JeffTheApricot]

where about are you located?

 

[clembez]

where about are you located?

Randburg

 

[Sub-lime]

Disconnect the electric fencing, remove the energizer from the wall. no longer elec fencing and no COC required.

 

[blueowl]

I'd say school fees unfortunately. Not sure exactly what work is required but will PM you a number of my alarm/electric fence guy so maybe ask him for a quote. He's also in Randburg. Maybe also talk to @Senshi - IIRC his father also does similar work but not sure where he is located (possibly Modrand/Centurion/PTA but not sure).

Sent from my SM-A307FN using Tapatalk

 

[Krames85]

Hi. PM'd my dude's details. Might be worth a quote?

 

[clembez]

Hi. PM'd my dude's details. Might be worth a quote?

Thanks. Got two quotes already though. Might still use if needed though. thanks

 

[Krames85]

Thanks. Got two quotes already though. Might still use if needed though. thanks

Cool. Good luck!

 

[clembez]

So basically it was a stipulation of the OTP when we bought the property. The transfer was not supposed to have been registered without an EFCOC.

I will have to tell the attorneys that I must report this to the law society if they dont sort it out.

 

[clembez]

So I asked the attorneys who handled our purchase last year for the electric fence certificate.

They replied with --->
"I cannot find any of these. Seems huge part of our file has gone missing.
Please note that the banks normally require these certificates to be no older than 3 months. (Its 2 years by the way)
I am now closing this discussion."

So I replied with --->

This discussion is far from closed.

Without all the stipulations of the OTP being met, the transfer was not supposed to have been registered without an EFCOC. The transfer should not have made it through the deeds office without the necessary compliance certificates in place.

I dont want to report this to the law society however I am also not paying to make it certified due to this omission and the "huge part of our file gone missing".

We suggest that you arrange the electric fence certificate of compliance as it should have been done. If you refuse we will have no other option than to report you to the law society.

Please may we have confirmation of how you woud like to handle this by COB today. Then only we can consider this discussion closed.

 

[Senshi]

You are welcome to give my dad a ring, he can help with the fence as well as a CoC for it:

Electrical work (Wireman) | Jobs Wanted

Hi All Carbies, Reaching out in the hopes that some people could make use of his services. Work offered: Electrical + other, list below. Engineering Services Certificate of Compliance Electric Fences & Energisers Gate Motors Electrical Maintenance Garage Motors Area: Gauteng Working hours...

carbonite.co.za

 

[Sub-lime]

 

[clembez]

Anyone know if there is an easier way to lodge complaints to the law society than having to go there to submit a complaint in person with docs to them?

 

[WiZard]

As I understand it, if it is stipulated in the OTP, then it is a contractual agreement signed by the seller of the property (not the attorneys). As the appointed agents for the seller, the attorneys can simply get the certificate done (including any work required) and send their client (the seller) the bill.
Even if it is years later the contract does not have an expiry date - the seller still has to honour it.

 

[clembez]

As I understand it, if it is stipulated in the OTP, then it is a contractual agreement signed by the seller of the property (not the attorneys). As the appointed agents for the seller, the attorneys can simply get the certificate done (including any work required) and send their client (the seller) the bill.
Even if it is years later the contract does not have an expiry date - the seller still has to honour it.

"the attorneys can simply get the certificate done (including any work required) and send their client (the seller) the bill." Thats what I hoped.

They not even replying to any of my mails anymore because they consider the issue closed after conveniently losing the documents.

 

[interro]

Honestly I would have requested a meeting with a managing partner and explain your grievance. I don't think you'll get any assistance from the law society at all plus you don't want to put them on a defensive as they can drag this till kingdom come and you would have lost the sale and incurred more legal bills then just doing it yourself

 

[Phence]

Complaints – LSSA

www.lssa.org.za

Won't cost you anything and they'll get the firm to play ball.

 

[dotnerd]

Remove the energizer :_)