This week the Property Poser expert assists a reader who does not have a problem at present but is proactively trying to prevent one.
The reader explains that she would like to rent out her townhouse, which is in a sectional title complex, and is considering using the services of an estate agent to make the process easier.
The agent has found a seemingly suitable tenant and is pressing the reader to sign the contracts he has provided, namely a mandate and lease agreement.
The reader is concerned that the agreements are not properly drafted and would like to know what she should look out for to prevent any problems at a later stage.
“The agent will carry out certain aspects relating to the process such as conducting the inspection of the premises.”
Contractually, the agent appears to do very little beyond this and one should ask whether there is commensurate value in the services provided, says Radue.
“Of course, the agent is better placed to source a tenant and carry out the useful background checks on a prospective tenant.”
This is not to say that the reader could not do the same thing, he says.
“Given sufficient time, she too could carry out these checks. Likewise, advertising the townhouse online or in a local newspaper isn’t that difficult but it requires time and effort.”
Radue says the
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