You are probably aware that Sellers must disclose property defects. However, are you aware that FAILURE by the seller to disclose property defects could lead to the cancellation of the sale agreement and/or the refunding of the full sale price?
According to the CPA Consumer Protection Act) of 09 Feb 2011, it is illegal for the seller not to mention known defects.
Prior to the above act a “Voetstoots” clause indemnified the seller from any claims against defects, rendering the buyer exposed towards potentially, very expensive and unexpected repairs to their “Dream” home.
Under the “Voetstoots” clause it is essential for the injured party (the buyer) to proof that the seller deliberately withheld information on a defect or was ignorant of the Show more defect which any conscientious seller would have known about.
With the CPA of 9 February 2011, no matter how little the seller knew (or could have known) of the problem, the seller could still be held liable for it when it crops up within 2 years after transfer.
In order for the buyer to claim against “known/should have known” defects you need JJ ENTERPRIZES to carry out a detailed inspection to determine the validity of your claim. This will protect both the Seller and the Buyer from unjust claims.
Buyers, under the “Voetstoots” clause it is essential for you, the injured party, to proof that the seller deliberately withheld information on a defect or was ignorant of the defect which any conscientious seller would have known about. With the CPA of 9 February 2011, no matter how little the seller knew (or could have known) of the problem, the seller could still be held liable for it when it crops up within 2 years after transfer.
Sellers and buyers alike: In order for the buyer to claim against “known/should have known” defects you need to determine the validity of a claim. This will protect both the Seller and the Buyer from unjust claims.
JJ Enterprizes can do various types of inspections on your behalf. Inspections includes a report with a list of potential serious problems, Photographic evidence, suggested repairs and estimated cost of repairs. Reports available within 3 days after inspection completion.
Contact Jan du Plessis from JJ ENTERPRIZES today to arrange for your inspection and ensure “Peace of Mind” for you as Seller/Buyer alike.
074 892 0285 / E-mail: jjenterprizes@outlook.com
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