Chas Cafe - Property News

2010-03-07T15:02:00.000-08:00

Why Am I Not Selling?
Prepared by Andre de Villiers -Chas Everitt International - 7 March 2010

Reviewing various agent’s sales performance over the last year – no matter how difficult a year it has been – shows unsurprisingly that the best agents like cream still rise to the top no matter what the market conditions throw at them. The last 12 months are no exception to this!

These are 10 fundamental questions I have prepared based on my 25 years plus experience in real estate and talking to agents who are winning or losing in the business of real estate, that you need to answer accurately and with much consideration if you are to change the course of your real estate career. Then be honest enough to yourself to answer Question 11, the last and most important question of all!

1) Is the area I am working viable?
Do you really know what is really going on sales wise in your area
Fact! No matter how hard you work in your area, research has shown that (with few exceptions in our industry) you cannot make a living in an area where 20% of sales (if yours) will not give you the income you expect!

2) Knowing that real estate requires more than a 9 to 5 commitment am I putting in the required base work hours?
You might be able to fool yourself into believing you are but keep a note in your diary about what you actually DO for one week and you may realise what your problem really is! Real estate career's offer flexible hours that's true but I have observed that for many this means their work time can fit into their play time!

3) Of the time I put into real estate how much is spent on productive activities rather than non productive activities and unproductive activities
Fact! Top performers are very aware of this difference! Productive time is time spent with buyers and sellers, not on office admin and statistics and putting up boards – these are non productive (totally necessary but can be delegated or need to be done at times that you CAN’T spend on productive activities.

4) How many distractions do you have during these work hours and how do you manage them?
Sure! Some distractions are unavoidable. What support systems do you have to manage and contain those that are unavoidable?

5) Are you producing your own leads or depending on ‘the company’ for your business success sources?
Check your last 10 sales for the answer. Are you paying or earning referrals? Are you relying on info about buyers and sellers from other agents or from the company (i.e. advertising and internet responses) or are you finding your own buyers and sellers through your circle of influence and farming and generating a good regular referral income stream?
Fact! Top agents earn 30% of their annual income from referrals they give.

6) Are you suffering from SNIOP syndrome?
Are you susceptible to the negative influence of other people? They are in your office – be warned – you must identify them! They are usually in the office TOO MUCH and are the one’s consuming all the coffee and complaining about everything and achieving nothing! They focus on the petty irritations in life and dwell on what’s wrong never seeing what’s right. Do yourself a favour and tell these people to keep their channel of negativity to themselves or take it to another – you can only help them as well as yourself!
Fact! Real motivation is not something that others do to you it is what you are able to do to and for yourself! Every day of your life is an enormous gift and start the day with an attitude of gratitude and don't let others take that gift from you!

7) Are you looking developing your skills through experience or through training?
Only a fool learns by his own mistakes a wise man learns by the mistakes of others. Real estate is full of Know-it-All’s and “I can’t afford it right now” apologists! A great deal of potential income is and will continue to flow right through your fingers because of your lack of skill development.
Fact! Knowledge is important for confidence but skills development is vital to increase your income and to keep the money you earn. Look for and attend every skill’s development opportunity you can that is offered inside and outside your company!

8) Should you be selling property?
Sooner rather than later the time comes to ask this question and while some discover after two months this is not for them some discover it after 2 years! What a waste of valuable time in one’s life to discover after two years that this is not the career for you? If you are uncomfortable with more than three of the above questions then you should reappraise your decision to sell real estate.
If you answer is yes to question 10 and you are uncomfortable with some of the questions above that’s great- make a plan to do something about your required skill or focus or knowledge or all three and become the success you know you can be!

9) Are you REALLY using technology to develop your business and to sell property?
There’s no escaping it so embrace it! It’s no longer a discussion but for many the ‘head in the sand’ attitude towards the power of social networking on the internet is not just a missed opportunity for an estate agent but utter irresponsibility and sheer foolishness. Having your property on a website is not the point here it is your proactive use of blogs, Facebook, Twitter, My Space, community websites, sms marketing and direct email marketing. If you are still waiting for the office to produce ‘that flyer’ – you are losing the plot.

10) Are you still getting your mail on your PC instead of your cell phone?
Ag shame – you are so behind your competition you don’t know it! You don’t have to change to a BlackBerry (as much as I recommend you should) but while many cell phones allow access to email most users have not set it up!
Fact: Numerous surveys show that people who get a response to their email immediately than with a salesperson that responds more than one hour later.

So here is Question 11 - Should you be selling property?

Sooner rather than later the time comes to ask this question and while some discover after two months this is not for them some discover it after 2 years! What a waste of valuable time in one’s life to discover after two or more years that this is not the career for you? If you are uncomfortable with more than three of the above questions then you should sincerely reappraise your decision to sell real estate as a career.

If you answer is yes to question 11 and you are uncomfortable with some of the questions above, that’s a great opportunity if you are going to commit to making a plan to do something about your required skill or focus or knowledge or all three and become the success you know you can be!

Chas Everitt's Constantia office secures five more premium internet domains

2009-03-21T11:29:00.000-07:00

Last week the Chas Everitt Constantia franchise secured five more premium internet domains to further enhance their dominant search engine rankings. While we lead the race to position ourselves on Google's 'top ten' first page of results on Constantia searches we have no intention of taking this for granted and have acquired these domains for a very exciting new strategic campaign starting in May.

We have teamed up with a leading professional SEO company to further enhance our overall position in a wider array of searches beyond those that are the most popular. We are also making sure we cover additional languages with a focus on the increased international attention we expect for this area stimulated by the 2010 world cup.

In addition to www,Constantia.co.za, Chas Everitt also owns www.Constantiaberg.co.za as well as www.Constantiaberg.com and www.Constantiaberg.info for good measure. Adding to the veritable arsenal of domains that include www.ConstantiaEstates.co.za and www.ConstantiaRealEstate.co.za which attracts excellent overseas traffic.

The sites www.ConstantiaHomes.co.za and www.ConstantiaHouses.co.za are going to be used to feature prime listings in the Chas Everitt International Collection.

A focus on investment properties will be structured around www.ConstantiaInvestments.co.za which a company with a similar name recently offered Chas Everitt a substantial amount of money to acquire.

With www.PropertyConstantia.co.za and www.ConstantiaLifestyleEstates.co.za backing up the others it is little wonder that when opposition companies have to find a Constantia website to register there are slim pickings to choose from.

The lifestyle and security estates in the Constantiaberg area have been well covered as well!

Stonehurst Estate www.StonehurstEstate.co.za
Silvertree Estate www.Silvertree.co.za
Steenberg Estate www.PropertySteenberg.co.za
Silverhurst Estate www.SilverhurstEstate.co.za

Chas Everitt also announced it's participation in the new national community website structure eTowns and secured the domain www.Constantiaberg.eTowns.co.za with the right to all the town domains that fall within the Constantiaberg area.

André de Villiers
BA (Rhodes), CRS(SA), CIEA
Member of the Institute of Estate Agents
NATIONAL MARKETING MANAGER
Cell: +27 83 2300549
www.ChasEveritt.co.za

Innovative Leaders in Marketing Real Estate on the Internet Chas Everitt Launches Array of New Web Based Facilities

2009-03-21T10:44:00.001-07:00

Using the latest Google technologies Chas Everitt now facilitates property listings in 44 languages on their websites in addition to street and satellite mapping!

Motivated by the 2010 World Cup, Chas Everitt has introduced a Google based translation facility embedded in our website featuring 44 languages as well as a convenient mapping facility (with satellite) on ChasEveritt.co.za and ChasEveritt.co.uk - This facility will be phased in on over 100 of Chas Everitt's various local regional and district websites over the next month.

So if you are looking for a charming farm in Clocolan in the Free State for only R2 200 000 and you want to read about it in Lithuanian, be our guest; Ūkių yra 4 miegamieji namas su Laikyti kambariai, arklių paddocks, drėkinimo nuo upės, mineralinio vandens iš kalnuose ir idealiai plėtrai. Didžiosios potencialą turizmo paskirties or go to http://www.chaseveritt.co.za (Web ref: 446518) And while you are there, click on the map to change your view to a satellite image. Clocolan is really looking like a great buy in any language!

In addition Chas Everitt has partnered with another leading internet service provider to initiate a multiple website structure that will be marketed under a label called eTowns.co.za that will allow fully interactive mapping and accurate property location allowing property searches from national to street level. This will promote the sale of properties marketed in less well known areas as current text based website search structures obviously favour more well known towns and areas.

A strong focus of the eTowns website strategy will be the ability to share the technology and marketing exposure with local organisations and businesses creating a highly focused community based marketing opportunity.

A number of other innovative new technologies are already planned including a new Chas Everitt product called "HandShake" that will allow cross marketing of competitor properties on Chas Everitt's websites on an agreed reciprocal basis.

In the words of Chas Everitt CEO Berry Everitt, "We are totally committed to preserving our well deserved reputation as South African leaders in the application of technologies that serve the interests of buyers and sellers as well as our agents. At a time when many company's have slashed R&D budgets we are also proud to be launching the the second phase of Nuclei that will fully integrate sales and marketing activities to a professional level that has never before been realised in South Africa. While it is very difficult to briefly detail the advantages of the Chas Everitt Nuclei information management system it creates a common operating system that includes every aspect of sourcing, managing and marketing properties with the single objective of delivering the highest levels of professional service to our clients. Living in a globally interconnected world the full advantage of the international focus that South Africa will enjoy as a result of the World Cup will rival the attention we enjoyed when Nelson Mandela walked free and it is my team's goal to ensure that Chas Everitt clients ride that beneficial wave of exposure that will benefit us for next decade."

André de Villiers
BA (Rhodes), CRS(SA), CIEA
Member of the Institute of Estate Agents
NATIONAL MARKETING MANAGER

Tommy Todd Awarded Chas Everitt Agent of the Month

2009-03-21T10:31:00.000-07:00

While many in real estate are bemoaning the property market conditions it has been an excellent summer season so far in the Simonstown area for Tommy Todd of Chas Everitt who was awarded the Agent of the Month Award for the property group.

With a spread of sales, from a sea view plot for R535,000 to a mountain side four bedroomed home for R4,000.000, Tommy has been knocking up sold boards in the last three months like the word recession doesn't exist.

According to Tommy buyer activity has been increasing consistently and there are plenty of cash buyers out there interested in well priced homes. The gap between sellers and buyers expectations remains significant and some properties in the area have achieved 20% below their asking prices. Higher priced properties in the area are still sitting on the market for lengthy periods. It is extremely important in current market conditions to ensure that your property is realistically and competitively priced if you wish to see it move in the short term" says Tommy.

According to Tommy there are three essential reasons for his achievement; attitude enthusiasm and competitive pricing. "Get your price right means getting it competitive but that still requires an agent who is eager and enthusiastic to take your property to market," says Tommy.

Principal of the Chas Everitt False Bay franchise Andre de Villiers applauded Tommy's approach to property. "Tommy is a career agent and an enormous value to the morale of my agents because he is always positive and realistic and has an engaging dry humour. When Tommy experienced trying months with negotiations that were not fruitful his spirit was always up. Tommy's service driven attitude epitomizes real estate professionalism," said de Villiers

Tommy can be contacted at Chas Everitt International's False Bay office on 021 7841630

_________________________________

Published by André de Villiers
BA (Rhodes), CRS(SA), CIEA
Member of the Institute of Estate Agents
NATIONAL MARKETING MANAGER
Cell: +27 83 2300549
Office: +27 21 8015254
Skype: pugard
Email: andre@cei.co.za

Grass is Greener Back Home!

2009-03-21T10:10:00.000-07:00

From Andre de Villiers - Chas Everitt Cape Town Regional Chairman

Chas Everitt offices in the Western Cape have reported an increase in returning South Africans due to the poor economic circumstances abroad. There has also been a marked downturn in South Africans selling because they are emigrating.

Both of these factors are having a positive effect on the property market and returning South Africans particularly are stimulating the already strong rental market. While there still seems to be substantial pessimism about economic and political conditions here returning South Africans are basically at one that conditions are worse overseas with most of them confirming a desire to rather face difficult times here than abroad.

Jack Mullin who recently returned and rented a property through Chas Everitt in False Bay mused that it was like wanting your mother when you are not feeling well, "it may not be rational but it just feels better" he said.Most returning South Africans are from the UK and Ireland where they warn those planning on going abroad to work to think twice. Jobs are increasingly scarce and there are signs of growing intolerance in the UK towards foreigners that are seen to be taking jobs away from locals - particularly more menial work.

A number of sellers who had initially planned to emigrate have postponed plans and taken their properties off the market as it has become increasingly clear that their expected prices are unlikely to be achieved. I will ascertain the degree to which this is being experienced nationally at our annual company convention next week and will edit this post on my return but I will not be suprised if it is indeed a national trend.

Andre de Villiers

One in every two sales from internet marketing.

2008-08-11T04:03:00.000-07:00

Report by Andre de Villiers - Chas Everit franchisee for Cape Town's False Bay, Constantiaberg and Southern Suburbs territories and National Brand Manager.

It has been five years since I last did a thorough analyses of where the buyers came from for sales from my four Cape Town offices, that cover the area from Cape Point to Mowbray.

The exhaustive analyses completed is for the twelve months ending June 2008. It significantly shows that the growth in internet responses now dominates results.

For the period 1 July 2007 to 30 June 2008 the results are;

49% INTERNET / WEBSITES
8% LOCAL PRINT MEDIA
7% FOR SALE SIGNS
26% SHOWHOUSES
9% OTHER (Mostly office walk ins)

(A previously recognised category “Referrals” that accounted for 7% of all buyers has been excluded from analyses and the source of the referral identified and included in the above 5 categories)

Compared to five years ago the figures were;

17% INTERNET / WEBSITES
28% LOCAL PRINT MEDIA
8% FOR SALE SIGNS
29% SHOWHOUSES
11% OTHER (Mostly office walk ins)
7% REFERRALS

The actual investment in print media has actually not changed much as a % of my marketing expenses and I believe this to be true for most other real estate businesses. At a time that the market demands a more prudent allocation of resources and lowering of operational costs it can be argued that the continued significant expenditure on print media is to appeal to seller's expectations and for purposes of branding the company and agent.

Call for State to address expropriation fears

2008-07-18T05:57:00.000-07:00

Government needs to move fast to allay fears that its new expropriation legislation will not be used to justify Zimbabwe-style land grabs.

That’s the call from Berry Everitt, MD of the Chas Everitt International property group, who says: “I have no wish to be alarmist, but the Expropriation Bill, which was due to be enacted last month but has been withdrawn by Parliament’s legal advisers, definitely does ring some warning bells.”

There are four major problems with the Bill, he says, the first being that it provides for property to be expropriated “in the public interest” rather than for a specific “public purpose” such as a road, a dam or a school, which was previously the case.

The second problem is that the new legislation would work on an “expropriation first, arguments later” basis, giving property owners who wished to contest an expropriation no option but to fight a costly rearguard action through the courts – quite possibly after they had already had to leave their property and accept whatever compensation the State was willing to offer.

“Thirdly, the new legislation would remove the power of the courts to decide whether the time and manner of the expropriation or the amount of compensation paid was fair. They would only be allowed to decide if the expropriation had been in the public interest or not – and given that the legal process is slow, that decision could come months or even years after the event,” says Everitt.

And fourth, he says, the Bill provides for the “market value” offered by the State for an expropriated property to be determined solely by the expropriator, without reference to the property owner, a valuer or any other independent consultant.

“In short, if the Bill were to be passed it would put the rights of the State ahead of those of the individual, which are supposed to be protected by our Constitution. The security of property ownership would effectively be subject to the whim of government officials.
“What is more, many people are worried that the term ‘property’ in the legislation could be interpreted to mean anything material, including mines, businesses and urban buildings as well as farmland. This would obviously be very discouraging for the international companies and foreign investors that SA is trying so hard to attract.
“And coming now on top of rising interest rates, the rocketing cost of living, the energy crisis and high crime, this legislation might just prove to be the last straw for anxious SA consumers. It is likely to evoke very strong responses that could quite easily cause even more people to emigrate - and take with them the skills this country urgently needs.
“So we believe government should to take the opportunity before the Bill is passed to openly address the fears that have been voiced and clearly explain what it hopes to achieve through this legislation.”

Be Professional & Tell it as it is!

2008-07-15T04:15:00.001-07:00

Andre de Villiers - Chas Everitt Cape Regional Chairman

The client is not your friend! Just like the family needs their doctor the family needs their real estate agent to 'give it to them straight' and yes - with compassion when it's needed.

Today I came back from visiting my agent's show houses in my area, and the one property I called in on was way over what it should be on the market for - even when times were on the seller's side!

It was clear to me that my agent who is an enthusiastic charming and polite lady is having a problem telling the seller what she needs to hear. The seller (who has already complained about the size of the display ad we gave her) has over capitalised on the property and maintains a very personal attachment to her home and has a high regard for the value of her improvements. My agent needs to take the facts of the market and equate them to the selling price of comparable properties but I see the problem - the seller clearly does not believe her house is comparable to any other property in the area.

There is no easy answer to over capitalised properties but one thing is to ask the seller that if they knew when they were spending the money that they would be selling would they done so? The answer is hopefully "no" and then the follow up question of course being "why?" and hopefully the seller then says something like "because we probably won't get our money back". Hello!

Some fixtures can be removed and taken by the seller to their next property. Encourage this as it starts a process of real quantification of the values as in many cases the real value to the subject property for the item is very little as it is a matter of subjective personal taste and preference. This property for example had three precast water features in a tiny garden and encouraged me to find out where the loo was after being there for two minutes.

Removing the item from the sale will allow the seller to maintain some 'victory' in the price adjustment and may be a great relief to there buyer! For the seller it allows them to rationalise a drop in price. Quantifying the second hand value of items also gets the seller to start looking at the itemised value and not the total package that seems to encourage the overwhelmingly optimistic comparison of their home to the next door neighbour's property!

The point is we need to be firm on competitive pricing or we do the seller no favour at all. Too often estate agents are overly concerned with the seller's ego and think that if we do not share their 'dream vision on price' they will think we are unenthusiastic. That's like going to the doctor when you have tumor and respecting his professionalism because he chooses to go with your opinion that you just have a headache when he knows better. Is that the type of doctor your seller wants? Ask them!

The vast majority of sellers who are over priced know it! They are playing a game and they have you to play with! As long as the agent 'plays the game' we encourage (at our and our company's great expense) everyone to waste their time and to lose valuable selling opportunities by driving potential buyers into the arms of the house and agent around the corner!

Not being truthful with our over priced sellers is a dishonest disservice to them and to ourselves and nobody has anything to gain.

Andre de Villiers - Chas Everitt International (Southern Suburbs and False Bay) Cape Town South Africa

Upgrading in a Buyer's Market is a Great Opportunity!

2008-07-15T03:44:00.000-07:00

- Andre de Villiers - Regional Chairman - Chas Everitt Cape Region

We are all familiar with the saying, “A rising tide lifts all boats” and the truth is the reverse applies just as well.

Sellers in a depressed market can be left with little comfort and it's hard to find a silver lining for a financially stressed seller who is selling and downgrading but this does not apply to the seller that plans to upgrade.For those who can afford it, it could never be a better time to upgrade and it's simple maths but most sellers don't see the advantage to them when they buy because they are so intimately involved with what they have to sell to move on they can't see beyond the emotion of their selling price.

The agent needs to spell out that selling in a strong buyers market has many opportunities to the upgrading buyer. Let's take a simple scenario of a seller who is selling for R1 000 000 and buying for R1 750 000 and let's say the estimation is that prices are 15% down on what they were, then the R1 000 000 house will sell for R850 000 (a loss of R150 000 to the seller) but as the R1 750 000 house is going to sell for R1 487 500 (down R262 500) the upgrading buyer scores a R112 500 - 'thank you very much!'

The key to this is obviously for the seller to put himself into the strongest negotiating position he can, and that is a cash buyer needing a modest mortgage finance. You are not in a strong position if you are still trying to buy up with a 'subject to sale' contingency!

Increasingly we see sellers who missing the boat and the opportunity to move onwards and upwards because they are so fixated with not selling below a increasingly mythical target!

While we accept that the price of oil, gold and equities rise and fall we tend to fight so much harder against the reality of the real estate market's moves. With all the readily accessible data available to home sellers (and buyers for that matter), resistance to the inevitable price reduction makes little sense.

There is confusion between the value of the property and the value of the home. Get the seller to separate them more clearly in his mind and realise the home goes with them and we are 90% of the way to letting go of the emotional obstacles to more realistic pricing.

Property Owners Advised - Look After Good Tenants

2007-04-15T12:06:00.000-07:00

Sunday, 15 April 2007

Landlords Advised to Look after Good Tenants!

By Andre de Villiers - Chas Everitt International

Over the last few years legislation has become far more tenant friendly, indeed many share the opinion that the property owner is being unfairly treated and that the risks associated with renting a property increasing.

Everyone in real estate is aware of cases where problem tenants are taking property owners for as ride. In many instances these ‘tenants’ are nothing but confidence tricksters and outright scam artists. Maybe the public sentiment is not that sympathetic for the property owners at a time that property prices have escalated dramatically but those that are investing in the so called ‘Buy to Let’ market are to a significant degree fuelling the current construction boom that is creating a lot of employment, which in turn is playing a significant part in the economic prosperity our country is enjoying.

But the supply of rental properties is increasing and many tenants have taken advantage of the lowest interest rates for decades to buy properties. In some areas the buy-to-let residential market appears to be saturated and there are substantial numbers of developments nearing completion that will add substantially to the supply. According to agents and real estate developers I have spoken to the number of Buy to Let owners in many developments is over 70% and in one case I was told as high as 90%. A recent report from Jacques du Toit an ABSA economist highlighted this issue.

Du Toit confirms the strong demand for residential property, driven by a rapidly growing middle class, that has caused the development of higher-density residential units to increase strongly over the past five to six years. Together with low interest rates and easily available finance, many new investors have invested in property against the background of the relatively poor performance of some other types of investment.

The property owner is taking a risk and is paying rates and taxes. It is only fair that the law protects their substantial investment and does not encourage those that try to benefit from loopholes and unfair legislation. Even worse there seems to be an increase in ‘professional’ bad tenants who know how the ‘work the system’ and end up staying for months in a property without paying rent before they are evicted.

Property owners with good tenants should appreciate them! The tenant is actually caretaking the owner’s substantial capital asset. It is far better to have a below market rental from a really good tenant than a good rental from a really below average tenant. The risk simply is not worth it. Vacancy factors and the loss of rental income due to a tenant moving due to a high increase in rentals should also be considered. The loss of a month’s rental may really not worth pushing the envelope with that annual rental increase if it’s a good tenant.

Property owners who decide to ‘DIY’ their own rentals are taking an increasing risk and would be well advised to consider using a professional rental service as this can protect a good relationship between the parties. Property evaluations of tenants is increasingly difficult as the law seeks to limit what info may be recorded and made available regarding bad debt and poor payment histories. Rental agencies are able to share information between them, scrutinise and evaluate data obtained (an experienced agent knows how to ‘read between the lines’ in an application that looks good but actually has little substance) and contact genuine references from objective third party sources.

End.

Contact André de Villiers
mailto:andre@cei.co.za

http://www.cei.co.za
http://www.CapeTownProperty.com
http://www.ChasEveritt.co.uk
http://www.ChasEveritt.co.uk

0832300549
Chas Everitt International ©

Avoid Unpleasant Drama over Property Fixtures

2007-04-15T10:23:00.000-07:00

Sunday, 15 April 2007
PRESS RELEASE

Avoid unpleasant drama over fixtures

By Andre de Villiers, (Western Cape Regional Chairman ) Chas Everitt International

Buyers, sellers and agents need to be aware of what is legally included and excluded from their sale.

Most experienced real estate agents have horror stories about "fixtures," which the seller removed but the buyer thought were included in the sale.

To illustrate, I remember buying a house in Newlands and was furious to discover that the seller had replaced a beautiful ornate door knocker with a small cheap version, fortunately, a phone call to the estate agent resolved the problem, the seller sheepishly restored the knocker with the original but not before I threatened everyone with sleepless nights!
Most home buyers and sellers, and even their estate agents, often do not understand the simple law of fixtures.

A "fixture" is moveable personal property, which, by means of bolts, nails, screws, cement, glue, or other attachment method, has been converted to real property. Clearly, that door knocker had been converted from personal property to real property because of its permanent attachment to the structure. Nothing was said in the sales contract about its exclusion from the sale.

A more troublesome example can be window coverings such as blinds and curtains. Suppose a house has beautiful curtains and attached wood window blinds. Those curtains hang by hooks from a rod that is screwed into the wall. While the curtains are personal property because they can be easily removed without damage, the curtain rails and or rods are fixtures included in the home sale. The wood window blinds, if permanently attached to the structure, are also considered fixtures, which are included in the home sale.
But the printed sales contract can change the result. A well written offer to purchase contract should specify or detail such coverings as included in the sales price (unless otherwise excluded).

IF YOU DON'T WANT IT INCLUDED – REMOVE IT
It may be practical for a seller to put a notice on a fixture saying “not included in sale” and thus to clearly exclude it from the sale and this is not commonly done. A better approach for home sellers is to remove the item before marketing the property. Removing the door knocker and installing a tasteful replacement would be a better idea. It is fundamentally unfair and unreasonable to present a property with lovely trimmings only to try strip it bare after the sale and replace quality items with cheaper alternatives.

OFTEN NOT A CLEAR CUT ISSUE
I heard of an instance where a property with built in bar had been sold and the bar stools had been taken by the buyer. This would not normally be an issue but the bar stools were a particular hand-carved design that matched the design of the bar. In the dispute that followed it was resolved that the stools were indeed fixtures as they were an integral part of the bar.
Plants and trees growing in the ground are considered to be fixtures because they are permanently attached to the land, however plants in pots are not considered fixtures and the seller may remove them.

AVOID TROUBLE WITH A WELL-DRAFTED OFFER TO PURCHASE CONTRACT.
When a home buyer identifies non-fixture items, such as pot plants or pool equipment, which the buyer wants included in the sale price, the buyer should itemise that personal property in the sales contract. Similarly, if the seller wants to exclude any fixtures that are attached to the property, those items must also be itemised otherwise they are automatically included in the sale.
Troublesome items to consider include: track lighting, fireplace inserts such as grates, solar systems, built-in appliances, shutters, window coverings, screens, awnings, non fitted carpets, coverings, TV aerials and satellite dish, telephone and wiring, adsl or wireless routers, air conditioners, pool equipment, water purifiers, security systems, keys to all locks, garage door openers and remote controls, mailbox, and even the council garbage bin which we all had to pay R350-00 for!

“RULES” IN A FIXTURE DISPUTE
1. ATTACHMENT. The most important fixture rule is the method of attachment. If the item is permanently attached to the structure, it is legally considered to be a fixture, which is included in the home's sales price.
However, if an item can be removed without damage to the structure, such as curtains, it is not a fixture. Examples include unscrewing light bulbs and unplugging a refrigerator because both are personal property not permanently attached to the building.
The item's weight is immaterial. To illustrate, an aboveground jacuzzi is removable personal property unless it is built in.
2. INTENTION. If the written sales contract cannot be used to obtain clarity the intent of the buyer and seller becomes critical.
The flyer or ad can be valuable here. For example, when the newspaper ad specifies a “private garden with Jacuzzi” that implies the seller intends to include the jacuzzi and the buyer can rely on that statement. Or a description of the “easy to maintain” swimming pool can be interpreted to mean the seller plans to include the pool cover and Kreepy!
3. INTEGRATION TO PROPERTY. When personal property is built into a home, it indicates it has become a fixture, which is included in the sales price. The bar stools I mentioned would serve as a good example here!
4. AGREEMENT. A written contract that lists a specific item, whether it is a fixture or personal property, usually prevails to make it included in the sales price. If in doubt, buyers should list any questionable items.
This is clearly an area where many disputes can easily arise and cause ill feeling. I know of many incidents where properties that have been sold for a great deal of money turn into an unpleasant drama over relatively inexpensive fixtures. People can be unbelievably unreasonable, so be warned – make every effort to be clear in writing!

End.