Can I claim for defects discovered after transfer?

You have moved in and discovered a serious defect the seller never mentioned. Can you claim? Possibly — but you need evidence and you need to act fast.

When you can claim

Voetstoots protects sellers from unknown defects — but not from non-disclosure. If you can prove the seller knew about the defect and failed to disclose it, you may claim repair costs or seek cancellation. Evidence includes prior repair invoices, fresh paint over water stains, patched cracks, and neighbour statements.

When claims fail

Defects visible on reasonable inspection, defects genuinely unknown to the seller, and defects documented in the seller disclosure form are generally not claimable. The burden of proof is on the buyer.

Immediate action steps

1. Photograph and document the defect with dates
2. Get a professional assessment and repair quote
3. Review the OTP, voetstoots clause and seller disclosure
4. Send a formal letter of demand through an attorney
5. Do not delay — claims weaken over time

Prevention is better

Inspect thoroughly before signing. Request seller disclosure. Attach disclosure to the OTP. Consider a professional inspection for purchases above R2 million. See our Inspection Checklist.