22/02/2023
WHY GET A HOME INSPECTION?
An independent home inspection is the best way to reduce financial risk for home buyers and sellers and to also protect the professional reputation of the estate agent. Home inspections help ensure that the deal is fair to all parties involved.
The Property Practitioners Act came into force on 1 February 2022. Section 63 of this important South African law make it legally enforceable that:
Every property seller must complete the mandatory Seller’s Condition Declaration –in terms of which the seller is required to declare all significant defects of which the seller is aware.
An Estate Agent/Property Practitioner may not accept a mandate from a seller without obtaining from the seller the mandatory declaration.
The estate agent/seller must provide, in writing, to every prospective buyer a copy of the mandatory declaration. Each prospective buyer must confirm in writing that the mandatory declaration has been supplied by the seller.
Any subsequent Agreement of Sale must include a copy of the mandatory seller’s declaration, signed by the seller, the buyer and the estate agent.
Although the mandatory declaration goes some way to improving consumer protection for home buyers, the weakness is that the seller is only required to declare the defects of which the seller is aware.
There are often latent defects in an older property of which the seller may legitimately “not be aware”. Such latent defects could include:
Roof waterproofing which because of age or lack of maintenance is close to failure – but which has not yet begun to leak.
Roof structures which are structurally unsound, but which have not yet collapsed or begun to sag.
Non-compliant and unsafe hot water geyser installations in a roof cavity. Risk of fire where a garage adjoins a residence. South African regulations require a firewall between the garage and the residence, extending from the floor of the garage to the underside of the roof covering. In some older homes this firewall is missing in the roof space,, or holes have been knocked through the firewall by tradesmen installing air conditioning and other services.
Non-compliant boundary walls which have not been designed and built in accordance with the National Building Regulations.
Inadequate management of storm water and consequent flooding risk.
Non-compliant swimming pool safety measures.
Cautious sellers and buyers who want a fair, transparent deal with no comebacks, should always opt for an independent home inspection to supplement the mandatory sellers declaration. Estate agents should always advise sellers and buyers to commission an inspection; this is good business practice for the agent because an independent inspection ensures transparency and protects the professional reputation of the agent.
