Profile Estates Bloemfontein

Owners are short-sighted and dishonest if they neglect to tell prospective buyers of their home about its defects. "There is a widespread belief in the property market that the seller can hide behind the voetstoots clause," says Tony Clarke, managing director of Rawson Properties.

"But the law on these matters makes it clear that if the buyers can prove that the seller knew of the defect – or should have known because it was fairly obvious – he can be taken to court and made to pay for the cost of repairs and the inconvenience caused. 

Therefore, the honest and wise course to take is to disclose all defects or suspected defects upfront and to put these in writing." Clarke said lawyers and valuers put defects into two categories – latent and patent, the hidden and the obvious. "Obviously, it is sometimes difficult to distinguish between a latent and a patent problem. However, property history has shown that those hiding defects are frequently found out.

"For example, the owner of a swimming pool which leaked badly, about which he professed to know nothing, was trapped by evidence that he had consulted a local pool expert on the matter, while damp and leak problems which crop up in winter can usually be proved to have existed for some time." Clarke said sellers are obliged to reveal not only defects in their home but also any existing or proposed changes to the nearby precinct which could alter the value and appeal of the house.

For example, if a retail complex or taxi rank is to be given the go-ahead nearby or if roads in the area are to be enlarged, closed off or rerouted, this information should form part of the comprehensive legal disclosure requirements. Clarke added estate agents need to be very thorough in their examination of a home and in this way help the seller to comply with the legal disclosure requirement.