An agreement of sale usually indicates that the risk and benefits associated with the property passes to the purchaser on date of registration of the transaction. However, when a purchaser takes occupation of the property before registration, they should also accept the obligations and responsibilities that arise with regards to the property, since they have received the benefit of the use of the property. The passing of risk on occupation must be regulated per agreement.
If risk passed to the purchaser on occupation, the purchaser becomes responsible for all maintenance on the property and to repair any damage which occurs after occupation. This is similar to the situation the purchaser would be in after the property has been registered in their name.
If the seller remains in the property after registration, the risk should again be regulated to pass to the purchaser on the date that the seller vacates the property. That means that the seller will remain responsible for the upkeep and repair of the property until such time that they finally move out. Any damages that occur after registration, will be for the seller’s account, regardless of the fact that the purchaser has become the owner.