Is the disclosure form compulsory?

Yes, under section 67 of the Property Practitioners Act. The agent may not accept the mandate without it, must give it to prospective buyers, and must attach it to the sale agreement. Agents keep these forms for five years.

What if I do not know whether there is a defect?

The form asks what you know. If you do not know, say so in the notes rather than guessing either way.

Can I sign the disclosure form electronically?

Yes. It is a declaration, not a sale of land, so an electronic signature on your phone is accepted.

Can the agent send it to me to complete?

Yes. The agent keeps the prescribed form as a DocFilla template and sends each seller their own copy to complete and sign before the mandate.

Property

Fill in a property disclosure form online

Upload the disclosure form your agent sent and DocFilla fills the seller's and property details. You tick the defects you know of, sign, and the agent attaches it to the mandate and the sale.

Since the Property Practitioners Act came into force, an agent may not take a mandate until the seller has completed and signed a mandatory disclosure form on the prescribed template. It lists the defects the seller knows about, visible and hidden, and is attached to the offer to purchase, where it forms part of the agreement. If it is missing, the sale is read as if no defects were disclosed. DocFilla fills the names and addresses; the declarations are yours.

About 15 to 25 minutes with your details saved

Upload your mandatory disclosure form

How it works for this form

1
Upload the disclosure form from your agent. It is a tick-box form with space for notes, and DocFilla finds every box.
2
The seller's names, ID number, address and contact details fill from My details. Go through each section, roof, walls, plumbing, electrical, geyser, boundaries, and tick what you know.
3
Sign on your phone and download. The agent keeps the form with the mandate and attaches it to the offer to purchase.

What the form asks for

Seller's full names, ID number and contact details
The property's address and erf number
Known defects to the roof, walls, foundations, floors and windows
Water, damp, plumbing and drainage problems
Electrical, gas, geyser and appliance faults
Boundary, servitude, building-plan and approval issues
Pests, past repairs and any notices from the municipality or body corporate
A declaration that the answers are true, with signature and date

What to attach

Approved building plans, if you have them
Electrical, gas, plumbing and beetle certificates where they exist
Invoices for recent repairs you mention
Body corporate or homeowners' association rules, for sectional title

Mistakes people make

Ticking 'no defects' everywhere to keep the sale simple. The form is a declaration, and a known defect left out can come back as a claim.
Describing a repaired problem as if it never happened; say it was repaired and when.
Leaving sections blank. An unanswered question looks like a hidden one.
Signing it after the mandate instead of before; the agent needs it first.

Questions about this form

Is the disclosure form compulsory?: Yes, under section 67 of the Property Practitioners Act. The agent may not accept the mandate without it, must give it to prospective buyers, and must attach it to the sale agreement. Agents keep these forms for five years.
What if I do not know whether there is a defect?: The form asks what you know. If you do not know, say so in the notes rather than guessing either way.
Can I sign the disclosure form electronically?: Yes. It is a declaration, not a sale of land, so an electronic signature on your phone is accepted.
Can the agent send it to me to complete?: Yes. The agent keeps the prescribed form as a DocFilla template and sends each seller their own copy to complete and sign before the mandate.