Home Inspectors and Inspections

Home inspections: A must for every home buyer

inspector
Jurie Fourie – Owner of THE HOME DETECTIVE and Certified Home Inspector and Member of the International Association of Certified Home Inspectors (InterNACHI)

When you’re buying a home, you don’t want to skip the home inspection step. Home inspections are an important part of the home buying process. An inspection by an InterNACHI certified home inspector can prevent you from purchasing a home with serious issues such as mould, structural defects, faulty plumbing and more.

Firstly, you should insert a contingency in the “Offer To Purchase” which states that the sale is dependant on a satisfactory home inspection. In addition, you should also agree on an “Inspection Contingency Period” which will give you time to have a home inspection done. Furthermore, this period should be between four to seven days depending on how soon you can get an appointment with a home inspector.

Based on the results of a home inspection, the contingency will then give you the right to cancel the sales agreement. In addition, you can walk away from the transaction without recourse if you are unsatisfied with the seller’s response to a request for an inspection and inspection contingency.

You lose the right to have the home inspected and to negotiate over defects found in a home once the contingency period ends.

What is a home inspection?

As a home buyer, it is your right to have your future home inspected for potential faults and defects. Therefore, don’t skip this step!

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Section Title Schemes

Responsibilities of Owners and Body Corporates

Body corporates

I do a fair amount of inspections in sectional title schemes. Often, owners ask me if body corporates will pay for repairs inside their units. Obviously, their concern is about damage caused by external factors such as rainstorms, burst geysers and so on.

Each case is usually based on its merits. Usually, the body corporate’s trustees use their discretion when deciding to whom they allocate the cost of repairs and replacement. However, there are many grey areas and the differences between the owner’s and body corporate’s liability and responsibility.

The Body Corporate’s obligations

Body corporates are responsible for the repairs and maintenance and upkeep of the common properties.

Furthermore, the body corporate maintains all pipes, ducts, wiring etc. for the common property and services to more than one unit.

Your obligations as an owner of a section

You must maintain and keep in good state your section. Moreover, you must also keep any part of the common property to which you have the right neat and tidy. These are exclusive use areas such as gardens, patios, balconies, parking areas, garages etc.

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Estate Agents and Property Inspections

When Estate Agents Should Insist On An Independent Inspection

independent inspection
An independent inspection and report protects both the estate agent and the seller

The EAAB (Estate Agents Affairs Board) encourages buyers to have a home inspection. However, which buyer ever reads the articles on the EAAB’s website? Maybe estate agents read the articles and the EAAB encourages estate agents to advise buyers to have an independent property inspection?

Most estate agents prefer not to have an independent property inspection, mostly because of concerns over defects that may make the sale fall through and because of the cost involved.

Estate agents should know better! Insisting on an independent property inspection may save the agent from strained relationships with both sellers and buyers. Furthermore, an independent inspection will prevent damage to their reputation or possibly even costly liability later on, should problems occur with the condition of the property.

An independent home or property inspection doesn’t kill a deal by forcing sellers to disclose defects that they wouldn’t otherwise have known about. Any defect that is serious enough to kill a real estate transaction is best discovered before it can kill the deal or result in litigation at a later stage.

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Consumers and the Property Practitioners Bill

Has the Property Practitioners Bill missed the point?

consumers

Are consumers offered more protection?

Parliament passed the new Property Practitioners Bill on Tuesday 4th December 2018. This bill has been on the cards before 2011!

The Bill was supposed to finally provide buyers (consumers) more protection in the secondary housing market.

However, it appears the Minister of Human Settlements and his staff and the National Assembly totally missed the point!

Here is that portion of the Bill:

CHAPTER 10

CONSUMER PROTECTION

Mandatory disclosure form

  1. A property practitioner –
    1. may not accept a mandate unless the seller or lessor of the property has provided him or her with a fully completed and signed mandatory disclosure in the prescribed form; and
    2. must provide a copy of the completed mandatory disclosure form to a prospective purchaser or lessee who intends to make an offer for the purchase or lease of a property.
  2. The completed mandatory disclosure form signed by all relevant parties must be attached to any agreement for the sale or lease of a property and forms an integral part of that agreement, but if such a disclosure form was not completed, signed or attached, the agreement must be interpreted as if no defects or deficiencies of the property were disclosed to the purchaser.
  3. A property practitioner who fails to comply with subsection (1) may be held liable by an affected consumer.
  4. Nothing in this section prevents the Authority from taking action against a property practitioner or imposing an appropriate sanction.
  5. Nothing in this section prevents a consumer, for his or her own account, from undertaking a private property inspection to confirm the state of the property before finalising the transaction.

This is the protection this Bill offers to buyers (consumers) who buy properties from sellers.

So what has changed? Continue reading “Consumers and the Property Practitioners Bill”

Snag Inspection and Report

New Homeowners Should Have a Professional Snag Inspection

 

snag inspection

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Do you believe that you are protected by buying from a reputable developer or builder? Will you be able to identify all the snags without a professional snag inspection?

What buyers don’t realise is that other building contractors sub-contract to the developer or builder. Both the developer and builders are under pressure to complete the units or homes within a contractual timeframe. Often, the builders take shortcuts resulting in best building practices falling by the wayside.

In addition, most new homebuyers believe the NHBRC, bank and municipal building inspectors provide them with this sort of protection.

This is not the case!

Inspectors duties

Bank inspectors

Your bank inspector determines the market value of property, land, and improvements for the bank. Therefore, he is not concerned with the state of the property unless it affects the value of the property.

Municipal Building Inspectors

The municipal building inspector checks your building to ensure it complies with approved construction drawings, local bylaws and zoning regulations. In addition, he or she is also responsible for ensuring compliance with local and national building regulations.

Engineers

Structural engineers inspect and evaluate the structures of your home only. This is the foundations, slabs, walls and roof.  They are not concerned with the installations and finishes which make up more than half the value of your house.

NHBRC inspectors

NHBRC inspectors inspect all new homes to check that the builder is complying with the NHBRC requirements on site

The NHBRC Warranty Fund covers you against major and defined structural defects for up to five years. Enrolling your new home with the NHBRC is a statutory requirement. Theoretically, this affords you protection against contractors who deliver substandard design, workmanship and poor quality materials.

As a new homeowner, you have the right to instruct your developer or builder to rectify shoddy and defective work. This includes non-compliance or deviation from the terms, plans and specifications of your building agreement with him.

However, the required NHBRC inspections are seldom all done. Continue reading “Snag Inspection and Report”