What must a seller disclose to the buyer?
Known defects must be disclosed — voetstoots does not protect non-disclosure.
Quick action steps
- 1Walk your property and list every known defect honestly
- 2Complete a written seller disclosure document
- 3Attach disclosure to the OTP or sale file
- 4Keep records of what was disclosed and when
- 5Do not allow viewings that hide known problems
Seller disclosure is not optional courtesy — it is a legal obligation. Failure to disclose known defects can result in costly claims after transfer, even where a voetstoots clause applies.
What you must disclose
- Structural cracks and foundation issues
- Roof leaks and water damage (current or repaired)
- Damp and mould problems
- Boundary disputes with neighbours
- Unapproved building alterations
- Pending municipal enforcement actions
- Known defects in pool, borehole, septic or electrical systems
- Neighbourhood nuisances (noise, traffic, development plans)
- Insurance claims history on the property
How to disclose properly
Complete a written seller disclosure form and attach it to the OTP or sale file. Be specific — "previous roof leak repaired in 2023" is better than silence. Keep a copy of everything disclosed and when. Do not allow viewings that conceal known problems with furniture placement or fresh paint over damp.
The cost of non-disclosure
Buyers who discover undisclosed defects can claim for repair costs or seek contract cancellation through the courts. Legal fees alone can exceed the cost of honest disclosure. In the Midlands market, where properties often pass through multiple owners, reputation matters — estate agents remember sellers who create problems.
Related: Seller Disclosure Form · What Must a Seller Disclose?
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