Author: Seeff, 06 June 2018, News
Patent and Latent defects
If you are selling your property then it is best and necessary to declare any problems or faults that you are aware of to the agent, says Steve van Wyk, Seeff’s MD in Centurion.
This includes patent defects that are visible with the naked eye and latent defects like structural issues. The agent should then inform all prospective buyers of any defects the property may have.
Should you as the seller not inform the agent and buyer about a fault that you are aware of the buyer may cancel the contract or seek redress through the courts.
If the seller is unaware of certain defects he/she cannot declare it and this would not pose problematic to the seller, but that is why Seeff highly recommends that a home inspection be done by the buyer.
By insisting on an inspection, the buyer will avoid nasty surprises before they pay any monies and will be in a position to negotiate any reparations in the conditions of sale with the seller.
It is very important to note that it is much more difficult to make the seller do anything after the contract has been signed and you as a buyer would probably need to take legal recourse if you feel that the seller did not disclose any latent defects to the agent.
Generally the buyer would pay for the services of an experienced and reputable home inspector who has been trained in discovering the defects of a home.
An inspection generally costs between R4500 and R8000 depending on the size of the house.
Examples of patent defects include broken windows, wall cracks, sagging gutters, missing or broken tiles, broken light switches, cracked swimming pool surround, broken cupboards, rotten woodwork, cracking paintwork and burn marks on carpets.
Examples of latent defects include leaking roofs, faulty geysers, structural issues like structural weakness of the roof for instance, rising damp, faulty pool pumps, rusted internal pumps, damp patches that only become obvious during heavy rain and incorrectly installed ventilation fans.