COVID-19 Level 3 Home Inspections

THE HOME DETECTIVE IS OPEN FOR BUSINESS IN LOCKDOWN LEVEL 3

COVID-19 Level 3 HOME INSPECTIONS
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Home inspections during COVID-19 Level 3

Its been a tough time for everybody including home buyers, home sellers, estate agents and home inspectors as well! The good news is that with the COVID-19 Lockdown level 3, THE HOME DETECTIVE is open for business. So! Don’t delay, contact me today for a Free Quote for your home inspection. I am still providing the best inspections at the best prices in Gauteng!

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 Inspected Once, Inspected Right!®

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THE HOME DETECTIVE » Home seller

Building Work, Building Plans and Building Lines

Questions about Building Work, Building Plans and Building Lines

approved plans and house building work

Hardly a day goes by without questions from disgruntled homeowners relating to issues with discrepancies with house plans and building work. When I’m inspecting, I often find discrepancies between the approved plans and the built structure.

If you are selling your house, and don’t have municipal approved plans or necessary permissions, you could be in trouble. If you are buying a house, and don’t ask for approved plans or permissions, you might have very expensive problems.

Homeowners can also be in trouble with the municipality for the erection of illegal structures. Some municipalities have aerial photographs of suburbs taken every four years to check if alterations have been made to homes. In addition to this, municipalities assign building inspectors to monitor developments on the ground.

Legal Implications of Selling a House Without Approved Plans

The law requires all major building work to have plans drawn up and approved by the local authority. Therefore, it stands to reason that every house should have plans. But this is not always the case! A lack of approved building plans is a major problem for many people buying and selling houses and other buildings.

Sometimes people only discover that there are no plans years after they have bought a property. This comes to light either because they eventually want to do alterations, or because they want to sell. Buyers often find that a house they are buying does not have plans. They then want to know whose responsibility it is to have plans drawn up retrospectively (“as-built”).

It can become quite a complex legal matter if alterations and additions have been carried out on a property without municipal (local authority) approval.

Are Building Plans and Building Approval Always Required for Houses?

The National Building Regulations and Building Standards Act specify the need for building plans and approval. More specifically, it is the local authority that governs exactly what can be done in terms of its zoning regulations and the National Building Regulations. So it is they that give approval (or deny it) for all building work and renovations on all properties. However, most municipalities are more lenient when it comes to minor building work.

The Act states that the municipality may grant relaxation in the case where the approval of plans requires the necessity of relaxation. However, you will have to apply for relaxation in writing and receive approval in writing.

If your property is within an estate or townhouse or cluster complex, you will also need to get a copy of the Estate Guidelines from the Aesthetics Committee, Body Corporate, Residents Associations etc.! Usually, there is normally a list of requirements that ensure aesthetic harmony and good building practice within the estate or complex. Furthermore, you will need your plans stamped and a letter from the Body Corporate for Council indicating that they are happy with your planned building.

How the Issue of “Voetstoots” Affects Building Approval and Plans

The purchase agreement made between buyers and sellers of the property will include a voetstoots clause. Essentially this clause indicates that the purchaser accepts the risk relating to defects existing at the time of the sale, patent or latent (but not visible). The exceptions to this clause are instances where the seller deliberately and fraudulently conceals latent defects from the purchaser, that he or she was aware of at the time. In this instance, the seller will remain liable for these defects. But of course, the purchaser will have to provide evidence that the seller knew what was wrong.

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Seller Tricks

10 Most Common Seller Tricks

 

sellers tricks and issues
The photo was taken of one of the seller tricks! Sellers try to hide issues under scatter mats!

Unfortunately, it can be difficult when unscrupulous sellers use tricks to hide defects. Here are the 10 most common seller tricks, and how you can recognise each one of the issues.

A home may be the biggest purchase you’ll ever make. So it makes sense to do everything possible to ensure you’re making a sound investment.

Painting over problem areas. 

Fresh paint itself is not a sign of dishonesty, but it can be used to cover water stains, mould and more. Many honest sellers use paint to update or freshen up walls. Take note if many areas were recently painted and mention that to the home inspector. You can also ask the seller for before-and-after photos. Check out this video for tips on how to identify and remove mould.

Choosing to remain in the dark about potential problems are seller tricks. 

By law, a seller cannot be held liable for problems he or she didn’t know about. Thus, a seller trick is not to allow home inspections to be performed when it’s time to sell. Another seller trick is not to agree to a reasonable inspection contingency time period. Some will even tell potential buyers they don’t want to know what the home inspection reveals. This is all the more reason to get a thorough home inspectionIt’s a small price to pay to ensure you’re making a sound investment.

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Home Inspections Kill Deals

Four Reasons Why Home Inspections Kill Deals:

buyer inspection for houses

A buyer may cancel a transaction after a home inspection! It may be tempting to blame overzealous a home inspector when a transaction falls apart after the inspection of some houses.

But there’s more to that situation than meets the eye.

Estate professionals know there are many ways that deals can fall apart, from credit, financing, appraisals to plain cold feet. But certainly, one of the more common deal killers is the home inspection.

But it doesn’t have to be!

Houses and Home Inspectors Do Not Kill Deals

Four home inspection situations lead to a cancelled transaction. Two things which are not on this list are the house and the home inspector. Some estate agents blame the home or the home inspector. However, let’s consider what happens in these situations.

Problems are caused when the home inspection report significantly alters the buyer’s expectations about what they thought they were buying. The client may say, “Gee, I thought I was buying a well-maintained home, but now that we have looked closely, I see the house requires a lot more maintenance than we expected”.

Therefore, the cancellation has everything to do with the client’s expectations coming into the inspection! Agents may wish that the home inspector had been less forthcoming about the condition of the house but this is not the solution! The solution to this problem is buyers having more realistic expectations before they sign the contract. My website and blog attempt to teach people skills that will help them look at houses and evaluate risk so they are more prepared to make an offer on the right house.

Here are the top four reasons buyers cancel a deal after the inspection.

1) Unprepared buyers

There are no classes in university or high school to teach people how houses work or where the risk lies in a residential building. Even professional estate agents have little or no training to help them understand how to look at houses and identify issues. A new generation of homebuyers, many of whom who did not grow up working on their houses with their parents, compounds this problem.

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Why you should have your home Move-In Certified!

move-in certified

Wise sellers have their property Move In Certified!

You will probably be selling your house with the “Voetstoots Clause” in the Offer to Purchase. But, if you think you are fully protected against any comebacks for latent defects you are wrong!

Under the law, you have a duty to disclose the defects on the property that you are aware of. Your agent may also point out defects that need to be corrected.

If you don’t disclose those defects you may be liable to pay for the correction of the defects after the property has been sold.

As a home seller, you should have your home “Move-in Certified”! Move-in certified homes sell better, faster and for higher prices!

Besides being a great marketing tool, the seller’s home inspection report is also the “Seller’s Disclosure”. This safeguards you against any later legal action that the buyer may want to bring against you for both latent and patent defects!

Do the wise thing, have your home inspected before you sell it!

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Inspected Once, Inspected Right!®

SEE WHERE I INSPECT IN GAUTENG!

THE HOME DETECTIVE » Home seller