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!
Home sellers should prepare for the likelihood of a home inspection in advance. Moreover, getting ready your house ready for a home inspection helps to prevent delays and can prevent surprises. Also, a seller doesn’t need a home inspector breaking fixtures or cause damage because the seller was ill-prepared.
In South Africa, the seller is required by law to providefull disclosure of the condition of the property. However, the buyer usually pays for his or her home inspection.
Whether you’ve decided to produce a seller’s home inspection report for buyers or expecting the buyer’s home inspector to show up for a buyers inspection, the best thing is to be well prepared.
1) Clean the house and swimming pool
You should always try to create a good first impression. Notably, clean homes and pools are an indication of how you maintain the house and property.
Don’t underestimate the importance of making a good impression. Don’t make the mistake of thinking inspectors see past stuff.
2)The Inspector will be on time
You can expect the home inspector to be on time. Therefore, if an inspector makes an appointment with you for 9:30 am, have the house ready for inspection at 9 am.
I posted on my blog, in November last year, about damp walls that arise as a result not having gutters on your home to control the flow of rainwater off your roof.
On Saturday I inspected a four-year-old property that had a
one tile overhang on the roof, no gutters but had paving surrounding the house.
However, the external walls of the house were in a desperate state because of the three most destructive mistakes architects, developers, builders and homeowners make!
As a result, I’m going to repeat part of the issues mentioned in my blog again!
Damp walls caused by no gutters
Gutters collect the rainwater runoff from the roof, discharging it into downpipes which conveys the rainwater away from the house in a controlled manner. In addition, they also protect the timber roof structure at the eaves of the house. Furthermore, gutters protect the exterior walls, windows and doors of the house and its foundation from damp and potential damage.
The splashing up against the walls was the most serious cause of the penetrating damp on the walls of the house. Moreover, the crazing cracking (spiderweb-like fine cracking) in the plasterwork was the main indicator of the penetrating damp caused splashing up of rainwater. No cracking was observed higher up on the walls.
Even if your house has a reduced overhang at the eaves, gutters will still provide the required protection against heavy rain and wind storms your house may be subjected to.
Insufficient roof overhang at the eaves
Roofs with no gutters which have a two-tile
overhang (600mm in the case of a metal roof) or less will allow water to pour
from the roof close to the walls, windows and doors and the foundation.
Seals which are broken, pulling away, missing or which are damaged as a result of ageing or long-term weather exposure will cause windows and doors to leak. Furthermore, the sealant or window putty used to seal the glazing beads on wooden windows may crack and allow moisture into the gazed areas of your windows. In addition, when the glazing putty on your steel windows cracks or a section falls out moisture will corrode the steel window frame.
These are the most obvious areas where leakages occur!
However, the most undetected area for leaks at windows is the junction between the window frame and the brickwork, plasterwork and window sill. As a matter of fact, it is one of the most common defects that I have found on both new and older homes.
There are multiple ways to detect leaks around your windows and doors:
On the outside of your home, check the areas where two different materials meet. This includes your door and window corners and frame.
Look for cracks in the door itself and in window panes.
Examine the existing caulking (sealing) and window weather stripping and weatherboards on doors. Make sure both are in good condition. In addition, leave no gaps or cracks.
If you can see daylight around a window or door frame, there will be a leak.
Shut a window and check for gaps in which you can insert the paint scraper. If you can easily insert the scraper under the closing part of the window, it is probably not watertight!
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:
Mandatory disclosure form
A property practitioner –
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
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.
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.
A property practitioner who fails to comply with subsection (1) may be held liable by an affected consumer.
Nothing in this section prevents the Authority from taking action against a property practitioner or imposing an appropriate sanction.
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.