The regulations stipulate that when there is a change of ownership the seller must disclose to the purchaser in writing prior to the conclusion of a sale whether there are alien and invasive species on the property. The purchaser also has an obligation, however, as soon as he becomes the new owner to obtain a permit in his own name for any alien plant species on his property.
Buyers, said Fourie are, therefore, advised to enquire specifically about the possible presence on the property on which they intend to make an offer to purchase regarding the possible presence of alien plants.
“Buyers, sellers and estate agents are certainly not expected, nor do I believe it was the intention of the regulations, to be experts in all types of plant species,” said Fourie, “but if the seller is aware of alien plants being on his property he is now obliged by law to declare this to any prospective buyer.
Should the property have invasive plant species and the seller declares these, the buyer could make it a condition of the sale that the invasive plants be removed by the seller before transfer of the property can go through.
Buyers and sellers, said Fourie, should contact a reputable estate agent or conveyancing attorney if they find they need further information or advice on this issue.