Question 1

What is the difference between patent and latent defects?

Accepted Answer

Patent defects are visible on inspection (cracked tiles, broken windows). Latent defects are hidden (structural faults, roof leaks behind ceilings). Sellers must disclose known latent defects regardless of voetstoots.

Question 2

Can I claim for defects discovered after transfer?

Accepted Answer

Possibly, if you can prove the seller knew about the defect and failed to disclose it. Voetstoots limits claims for unknown defects. Document everything at inspection and include disclosure in the OTP.

Question 3

What should I do if I find damp or mould in a property?

Accepted Answer

Investigate the source — rising damp, roof leaks, plumbing or ventilation. Damp can indicate serious structural issues. Sellers must disclose known damp. Buyers should resolve cause, not just treat symptoms.

Question 4

Who is responsible for roof leaks discovered after sale?

Accepted Answer

If the seller knew about the leak and did not disclose it, the buyer may have a claim. If unknown to both parties under voetstoots, the buyer typically bears the cost. Professional inspection before purchase is essential.

Question 5

What if there is a boundary dispute with a neighbour?

Accepted Answer

Boundary disputes must be disclosed before sale. Verify boundaries against the title deed and survey diagram. Unresolved disputes can affect value, transfer and future use.

Question 6

What happens if a property has unapproved building alterations?

Accepted Answer

The municipality may issue fines or require demolition. Insurance may be void. Transfer can be complicated. Check approved plans match the property and resolve non-compliance before or as a condition of sale.

Question 7

What if wood borer or termites are found after purchase?

Accepted Answer

Beetle certificates only cover certain wood-destroying insects at a point in time. If active infestation is found post-transfer and the seller knew, you may have a claim. Always inspect roof timbers, wooden windows and decks before buying, especially in humid Midlands areas.

Defects & Disputes Questions