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?
Category: Property, Buying and Sellings
Region: South Africa, Mpumalanaga
1 Answer
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.