What do i do if the seller of a property does not tell me about hidden defects?
What do i do if the seller of a property does not tell me about hidden defects? I discovered that the walls of a property I recently bought had a severe rising damp. Can I recover the cost of repair from the seller? And how?
If the seller knew about the rising damp (Latent defect) and did not disclose, then he should be held liable. Usually property sales come with a “ Voetstoots clause” which says you are buying it as it stands. This means you should have a thorough inspection, preferably with a building expert before purchase. In that case if you later discover a defect that is obvious (patent), on careful inspection, and it was not disclosed, the seller cannot be held liable. However this clause does not cover hidden or latent defects like a rising damp, and which was not disclosed. Approach the seller with an attorneys letter ( Transferring attorney). If he is not cooperative, sue. You have 3 years to do that before it prescribes.