#latentdefects

Hidden defects could result in expensive repairs! Be careful with the voetstoots clause! You are not protected from defects by the Consumer Protection Act with the voetstoots clause in an Offer To Purchase unless you are buying from a developer or builder. All the offer's to purchase I have come across of all from estate agents and lawyers have the voetstoots clause. You can have the estate agent remove the clause but your offer will most likely be rejected! In certain instances of concealed defects, you have recourse to the law. A legal determination will need to be made as to whether a defect was deliberately concealed or not. This will determine who is liable for costs. This can be expensive! But it need not come to that if you make yourself aware and do the following: Voetstoots and Patent and Latent Defects A patent defect is clearly visible upon inspection. This may include items such as a crack in a wall or window, chipped plasterwork etc. The offer to purchase should clearly state who is responsible for repair or replacement. A cursory inspection does not easily pick up a latent defect, e.g. a faulty geyser, a damp area concealed behind furniture or fresh paint, or a leaking roof. Common law states that the seller is responsible for all latent defects for a period of three years from the date of sale. The seller should supply all warranties and documentation of repairs and maintenance on the transfer of the property. Make sure that you are aware of all patent defects! The seller and the voetstoots clause Sellers stipulate that the property is for sale 'as is' (“Voetstoots”) in the belief that they can avoid expensive repairs. However, the seller remains responsible for any deliberately concealed latent flaw or defect. The difficulty arises in that the burden of proof lies with you, the buyer, as to whether the seller knew, or ought to have known of the latent defects. This also determines whether you can cancel the contract, or claim some repayment from the seller. You and the voetstoots clause The offer to purchase document should contain all detected faults. The fault records must also state which party will be responsible for repairs. You can insist on certain guarantees, e.g. under 'Special Conditions'. For instance, you can stipulate that; "The Seller warrants that the swimming pool on the property is not leaking at the date of signature hereof by him". For your own protection, you should negotiate a Home Inspection Contingency with the seller. The estate agent (property practitioner) and the voetstoots clause An important document is the “Seller’s Property Disclosure” which should form part of the offer to purchase. Sellers should disclose problems in the house to the best of their belief and knowledge. However, what the seller “believes” and what is actually true often diverges a lot! The estate agent is a facilitator and not a party to the contract. Therefore, you can only prosecute an estate agent in terms of the Consumer Protection Act. This applies if the agents ‘supply’ of service was in contravention of the CPA. If you are unhappy with the service given by the estate agent or estate company, or you suspect that they have violated either the law or the code of conduct governing the industry, it is always better to try and resolve the problem with them first. If you are still not happy you can approach the Estate Agency Affairs Board. The property practitioner's ombudsman still has to be appointed as required by the Property Practitioners Act. Protection against the voetstoots clause With a home inspection report by THE HOME DETECTIVE, you get an accurate, comprehensive description of the true condition of the home you intend to purchase. You, the buyer, the seller, the estate agent and conveyancers can thus be a party to a fair deal. The cost of the inspection is normally for your account. Read the full article

  Photo taken of a seller trick at one of the inspections I performed for a client! This is one of the issues often found hidden under scatter mats! Unfortunately, it can be difficult when unscrupulous sellers use tricks to hide defects. Here are the 10 most common seller tricks, and how you can recognise each of the issues. A home may be the biggest purchase you'll ever make. So it makes sense to do everything possible to ensure you're making a sound investment. Painting over problem areas.  Fresh paint itself is not a sign of dishonesty, but it can be used to cover water stains, mould and more. Many honest sellers use paint to update or freshen up walls. Take note if many areas were recently painted and mention that to the home inspector. You can also ask the seller for before-and-after photos. Check out this video for tips on how to identify and remove mould. Choosing to remain in the dark about potential problems is a seller trick.  By law, a seller cannot be held liable for problems he or she didn't know about. Thus, a seller trick is not to allow home inspections to be performed when it's time to sell. Another seller trick is not to agree to a reasonable inspection contingency time period. Some will even tell potential buyers they don't want to know what the home inspection reveals. This is all the more reason to get a thorough home inspection. It's a small price to pay to ensure you're making a sound investment. Not mentioning major issues created by former occupants.  Rental homes tend to take more of a beating than owner-occupied homes. And a flipped home may have been in really rough shape before renovations occurred. The house may have been a former meth factory! Sound advice for potential buyers is to talk with neighbours about the home's former life if it was a flip, or occupied by renters. Downplaying any concerns you raise.  Consider it a red flag if a seller brushes aside your questions. This is often a seller trick when they don't want to admit they haven't kept up with maintenance and repairs. If a seller minimizes issues, check for signs of spotty maintenance like old air filters, broken appliances and crumbling masonry. You should ask for documentation such as invoices and guarantees for repairs. Strategically placing decor seller trick over problem areas.  Sneaky sellers will block problem areas with artwork, shelves, furniture and mats. A seller trick is to stack moving boxes around areas they don't want potential buyers to see. Take note of any furniture or decor that seems out of place, and don't be afraid to ask the seller to move anything so you can see things with your own eyes. Disguising problems with new carpet.  Carpet can reveal a lot, if there were pets in the house, damp or if the house had mould. Like adding a fresh coat of paint, the new carpet does not necessarily mean it is a seller trick trying to hide something. But the chance always exists that it may be! That's why it pays to carefully read over the seller disclosure to learn about any known issues with the house. Seller trick using new construction as a decoy.  Notice lots of new tiling and other signs of a recent renovation? If so, you might want to ask the seller why and give your home inspector a head's up. Dishonest sellers will often go on a home improvement spree to camouflage issues. Fortunately, a good home inspector will still spot them. Hire a certified home inspector. A certified home inspector has the training and experience to discover this type of issue. Removing evidence of damage.  Another seller trick is to hide damage from water, termites and more are by removing any sign of trouble, such as damp areas and termite-damaged skirting boards. Because there's no way to detect issues if a seller removed the evidence, hire a home inspector who uses an infrared camera. An infrared camera can sometimes detect mould, overheated wires, termite damage and water damage. Playing "dumb."  Some sellers will have memory loss. it's a seller trick not to remember when something like the roof or geyser was replaced. Others will give you a ballpark guess. Furthermore, others, like flippers, will claim they never lived in the house and don't know. In these instances, push for answers and consider making needed disclosures a part of the purchase. Your home inspector can tell you the age of appliances, systems and structural components and when they'll need to be replaced. Restricting access.  Sellers with something to hide will sometimes bar access to the roof spaces, circuit breakers, storerooms and more. Restricting access to you or your home inspector is a big red flag! Definitely think twice about doing business with anyone who won't give you an unfettered look at a house you're considering. Adapted from an article by Amanda Prischak Read the full article

Home sellers should have their homes "Move-in Certified"! Move-in certified homes sell better, faster and for higher prices! Besides being a great marketing tool, the seller's home inspection report is also the "Seller's Disclosure". This safeguards the seller against any later legal action that buyers may want to bring against the seller for both latent and patent defects! Wise sellers have their homes inspected beforehand! Read the full article

Home sellers should prepare for the likelihood of a home inspection in advance. Moreover, getting ready your house ready for a home inspection helps to prevent delays and can prevent surprises. Also, a seller doesn't need a home inspector breaking fixtures or cause damage because the seller was ill-prepared. In South Africa, the seller is required by law to provide full disclosure of the condition of the property. However, the buyer usually pays for his or her home inspection. Whether you've decided to produce a seller's home inspection report for buyers or expecting the buyer's home inspector to show up for a buyers inspection, the best thing is to be well prepared.  1) Clean the house and swimming pool You should always try to create a good first impression. Notably, clean homes and pools are an indication of how you maintain the house and property. Don't underestimate the importance of making a good impression. Don't make the mistake of thinking inspectors see past stuff. 2)The Inspector will be on time You can expect the home inspector to be on time. Therefore, if an inspector makes an appointment with you for 9:30 am, have the house ready for inspection at 9 am. Furthermore, leaving your shower or bath and house cleaning until the last minute may delay the start of the inspection. Inspectors are people first and then inspectors. It is not a great idea to create the wrong impression with the inspector before the inspection has even started.  3) Leave the house water, electricity and gas connected The home inspector will need to turn on the stove, test plug points, lights and the air conditioning, so leave the electricity and geyser on, especially if the house is vacant. If the electricity is off it's impossible to check plug points for earthing and reverse polarity or test the earth leakage. Remember, if the electricity or gas supply is off, the ignitors and burners on the gas stove will not be functional resulting in the gas hob not being tested. The inspector will also need to inspect for hot water and test the fixtures such as showers, basin, baths, sinks and toilets. Also, have the pool pump running by the time the inspector arrives. Without these services, the inspector may need to reschedule the inspection. This could delay the closing of your transaction and the extension of the buyer's home inspection contingency. Most inspectors will charge a buyer a reinspection fee to make a return trip. 4) Provide workspace around the distribution boards, geysers and trap doors Remove boxes, bookcases, furniture, and anything else blocking access to your air conditioner, geysers and trap doors. The inspector will need at least 900mm of working space to inspect or enter these items. Inspectors will not move anything themselves because their Standards Of Practice prohibits this because of the possibility of accidental breakages. Therefore, if there is no access, an inspector might suggest a specialist or defer that portion of the inspection. Buyers might then hire a specialist who may find more things wrong! 5) Keep pilot lights ignited If your house is provided with a gas supply, leave pilot lights on gas geysers. Many home inspectors will refuse to light pilot lights. This is because equipment that is shut down may have been shut down because it is defective. Therefore, if your pilot lights are not lit, then important items such as the gas geyser will not be inspected. This can result in the buyer delaying closing the sale until those inspections are completed. Again, the inspector will probably charge the buyer extra to make a return trip. 6) Provide access to roof space and garage The inspector will need to get into your storeroom and basement if you have one and into the roof space (area above the ceiling). Therefore, keep doors and trap doors unlocked. Move all boxes and stored items away from the walls by at least 600mm. 7) Provide all remotes and keys for the house Leave the remote controls for your air conditioners, garage door openers or keys if the garage is unattached to the house. Unlock the covers of the distribution board (electrical box). Leave a key in the door for exterior building access. Alternatively, you can label these keys and remotes and leave them on a kitchen counter. 8) Clear away garden rubbish Cut down dead tree branches and clear brush and long grass from the walls of the house, boundary walls and move rubbish bins away from the house. 9) Provide all invoices for repairs, available certificates of compliance and approved drawings Make available to the home inspector all invoices and documents regarding remodelling projects or new items such as a roof or geyser. If you've upgraded the electrical system or had a geyser replaced, provide the paperwork. You advising the buyer about upgraded or repaired items will give the buyer peace of mind. 10) Prepare to be away from the house Often the buyer will accompany the home inspector, and buyers feel uncomfortable asking questions if the owner is present. Therefore, try to schedule a time for the inspection when you can be out of the house, and take the children with you. Also, put your pets in kennels for the day if you cannot remove them from the premises for a few hours. Many inspections can take up to three hours or more to complete. Read the full article

Latent defects are often described as ‘growing pains’, this is because most latent defects do not develop into issues in a property until after a few years. Latent defects are failures in construction or incorrect craftmanship that occur during the construction of the property. These issues are not usually detected until later in a properties life as they need to be ‘exposed’ to the elements to occur. Issues such as shallow foundations and poor drainage construction lead to latent defects. Some latent defects include subsidence, heave and drainage failure. For more information visit the link above.