Defects need to be disclosed
Category Buying
A homeowner in conjunction with your Property Professional need to make you aware of any property or building defects before you sign an Offer To Purchase. Although the seller does not have to fix the problems, he/she must declare any issues to a prospective buyer.
A seller needs to disclosure if there is a problem with:
- The roof (leaking, structure problem, etc.).
- Electricity (although a Certificate of Compliance will be issued by an electrician before the sale can conclude).
- Plumbing.
- Swimming pool, splash pool and/or Jacuzzi.
- Gas.
- Electric fences.
- Air-conditioning.
- Septic tank.
- Structural defects, foundation or basement.
- Flooring.
- Walls.
- Cracks, bulges, seepage or leaks.
- Mould, dampness or wetness.
The owner must also be honest with regard to the following:
- Land claims quarrels or concerns.
- Illegal squatters or renters who do not want to vacate the property.
- Boundary wall or encouragements disputes.
- Servitude issues.
Other important matters that need to be addressed beforehand:
- Is the building part of a historical site?
- Is there a lease agreement in place?
- Has remodelling or improvements been done to the property? If so, what has been done and has the plans been approved?
- If an extension has been built near the boundary wall, did the neighbours give permission to do so and does the owner have the signed agreement with all the involved parties?
- What joint facilities do the property or building share with neighbours such as driveways?
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Author: Machelene Joubert