Commercial property broker under no obligation to perform due diligence for purchaser?

Posted On Wednesday, 30 September 2015 09:04 Published by
Rate this item
(0 votes)

What is the role that the commercial property broker plays in the due diligence process between the purchaser and seller?  

Jason_Gregoriades_Rawson_Commerial

Jason Gregoriades of the Rawson Property Group’s commercial franchise division, says that the broker, not being party to the contractual agreement, is under no obligation whatsoever to perform the due diligence investigation on behalf of the purchaser – nor should he be expected to source the information as promised by the seller to the purchaser.

"The seller can indeed forward information and documents to the purchaser via the broker, and this is a fairly common practice, but the total responsibility for the due diligence exercise remains the seller’s obligation and he is expected to do this by himself and at his own expense," adds Gregoriades. 

In certain cases the purchaser may suspect that the information provided by the seller is inadequate or inaccurate.  Should this occur it is up to the purchaser to deal with the seller directly to resolve the matter and the broker cannot be held liable, although he may and often does play an intermediary role in advising sellers and purchasers of their responsibilities.

What is the situation if the broker, although, as explained, not party to the agreement, acting independently or in connivance with the seller, withholds information or allows inaccurate information to be handed over?

In these cases, said Gregoriades, he is quite clearly an obstacle to the due diligence process being done honestly and thoroughly and he can in South African law be held liable on this count.  This, too, is an important principle that has to be understood.

Stressing again the importance of the due diligence exercise in many property transactions, Gregoriades said that it will pay the seller and purchaser to ensure that this is clearly and timeously carried out that there can be no comebacks later on.  Where the exercise is not done thoroughly, he said, and loopholes and omissions are later discovered, recrimination and arguments can follow.

Send us your thoughts on the role that a commercial property broker plays in the due diligence process This email address is being protected from spambots. You need JavaScript enabled to view it.

Last modified on Wednesday, 30 September 2015 10:38

Most Popular

How to make your offer stand out in a competitive property market

Jan 16, 2025
If you’re looking to purchase a home in a sought-after suburb or estate, securing the…

One of Cape Town’s most iconic historic properties is for sale for the first time in many years.

Jan 16, 2025
Trovato House
Priced at R45 million thro ugh Pam Golding Properties, Trovato House is an impressive…

Exemplar’s December retail trade exceeds expectations

Jan 26, 2025
Theku Mall Aerial
With the 2024 Festive Season behind us and Back-to-School season well underway,…

The Cultural Blueprint: How to Make Your Office Not Just Look Good, But Feel Right

Jan 16, 2025
Jess Moyer Cushman & Wakefield BROLL
When it comes to designing office spaces, one size definitely does not fit all –…

Somerset Mall Embarks on a Multimillion-Rand Expansion Project

Jan 26, 2025
Somerset Mall
Major retail destination set to launch a new era of retail and leisure by November 2025…

Please publish modules in offcanvas position.