Some South African Property Law Basics

Before buying property in South Africa, it is advisable to familiarize yourself with some of the basic property law in South Africa.

As with all things in life, it is much easier to get things done and sort out when you have some knowledge about the subject, not to mention that the firm leg to stand on in case things go awry.

Review before buying

Home inspections are a standard practice in Britain and the United States, but not in South Africa. Therefore, buying property with no guarantee and can not hold the seller responsible for any hidden defects in title, also known as "voetstoots clause ".

You are within your rights, and it will be in your best interest of their own still have a home inspection done before buying any imovine.Troškove involved can vary from R1500 and R3000, depending on the size of the property, but each potential problems will be identified. Usually, you will receive a report containing detailed information on structural cracks, moisture, electrical circuits, geysers and plumbing system, foundation and roof visible.

Voetstoots Clause

voetstoots clause plays an important role in buying and selling real estate in South Africa.

The term "voetstoots" effectively describes what is this clause means: buying or selling something, regardless of its condition. This clause works well to protect the rights of the seller.

As a buyer, however, their rights within the meaning of this point are quite limited. However, there are two exceptions that give customers the power to take legal action or to reduce the purchase price or terminate the contract altogether.

is the first exception applies if the seller was aware of the defects on the property, but did not disclose any defects to the buyer. The second applies when fraudulent or innocent materials krivo.Potonji valid only if they are hidden drawbacks to such an extent that the purchaser was aware of them, they would not have bought property in the first place.

patent and latent defects

voetstoots clauses relating to patent and latent defects, so that they understand voetstoots clause in its entirety, the difference must be understood.

patent defects should be clearly visible to the layman's overview. Patent defects include visible wall cracks, missing tiles, damaged the roof and roof tiles, sagging gutters, broken windows and other shortcomings in this regard. The emergence of patent defects, the buyer can not claim to ask to buy that he was aware of the shortcomings. It would be in the interest of the customer to become familiar with the general condition of the property and negotiate any changes should be made before finalizing your purchase.

hidden faults are faults that can not be seen with the naked eye. For this reason, it is well advised to do a formal inspection of the property before buying. By having a regular medical examination for the professional, the customer will be able to identify possible deficiencies, such as rising damp or moisture behind the closet, faulty geysers, rusted inner pipe, leaking roof and any other hidden defects.

latent defects not evident and voetstoots clause holds the seller liable to reveal such deficiencies in their knowledge. In cases where the seller knew of the defects, but did not discover them, the seller may be forced to repay part of the purchase price, or even accept the cancellation of purchase altogether. It depends on the nature or degree of latent defects.

the only time when the seller can be a relief from making charges for latent defects is that they are aware of the deficiencies at the time of sale.

Late Discovery defects

That can be a tricky situation, depending entirely on the nature of the fault.

leaking roof may have occurred right at the time of purchase, but due to the rainy season, six months later, the absence will be displayed only. If you can prove that the seller knew of this deficiency at the time of sale, and not disclose that fact, he or she will be liable for repair costs.

In cases where the seller can not be traced, estate agent can not be held responsible.

This is a mistake too many customers do! Estate agent role is only to review the patent defects and ask the vendor in terms of any hidden defects. Only one customer was notified of the deficiencies and made ​​the purchase to the buyer recourse available against the seller.