before buying property in South Africa, it is advisable to deal with some of the fundamental laws in South Africa.

As with all things in life, it is much easier to get things done and sorted, if you have knowledge on the subject, not to mention a firm foot to stand in case things go wrong.

Inspection before purchase

Home inspections are standard practice in the United Kingdom and the United States, but not in South Africa. They are therefore the purchase of the property without any warranty, and may not be the seller is liable for any hidden defects in relation to the property, also known as the "voetstoots" clause.

You are in your rights, and it would be in your own interest but to have a home inspection done before purchasing a property. The costs which may exist between R1500 and R3000, depending on the size of the property, but potential problems are identified. Normally you will receive a report which contains detailed information on structural cracks, moisture, electrical circuits, the geyser and plumbing systems, foundations and roof visible.

The clause Voetstoots

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

The term "voetstoots" effectively describes what this clause includes: the purchase or sale of something as is, no matter their condition. This clause is well suited to protect the rights of the seller.

As a buyer, but your rights in regard to this clause are quite limited. There are two exceptions, the legal powers of the buyer, either for a reduction in selling prices, or to rescind the contract as a whole.

The first exception applies if the seller knew of defects in the property, but not all the defects to the buyer. The second applies if fraudulent or innocent materials were false. The latter is only valid if the defects were hidden in such an extent that the purchaser would have been aware of them, they would not have bought in the first place.

Patent and latent defects

The voetstoots clause refers to patent and latent defects, so the clause voetstoots fully understand the differences.

Patent defects should be clearly visible to an inspection by a layperson. Patent defects are visible wall cracks, missing tiles, damage to the roof or roof tiles, sagging gutters, broken windows and other shortcomings in this sense. In the presence of patent defects, the buyer can not claim after the purchase that he was not on the shortcomings. It would be in the best interest of the buyer, with the overall condition of the property and must negotiate any changes prior to the completion of the purchase.

Latent defects are defects which can not be seen with the naked eye. For this reason, it is good advice, a formal examination of the property before the purchase is done. Through an effective inspection by an expert, the buyer will be able to examine any deficiencies, such as rising damp or wet behind cabinets, faulty geysers, internal rusted pipes, leaky roofs and other hidden defects.

Hidden defects are not discernible, and the voetstoots clause, the seller shall be liable to such errors in their knowledge. In cases where the seller knew of these errors, however, not be betrayed, the seller may be forced to refund a portion of the purchase price or even cancellation of the purchase total. This depends on the nature or extent of hidden defects.

The only time a seller may be excused from the compensation for hidden defects, if they do not have the defects at the time of the sale.

Late discovery of flaws

This can be a difficult situation, totally dependent on the type of defect.

A leaky roof in May appeared fine at the time of purchase, but also because of the rainy season, six months later, the error is only. If it can be shown that the seller knew of this deficiency at the time of sale and not disclose this fact, he or she will be liable for repair costs.

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

This is a mistake, too many buyers! The broker's role is only to examine and patent defects queries by the seller in respect of any hidden defects. Only if the buyer was informed of the deficiencies and the purchase, the buyer recourse is to the seller.

Property Genie is a leading online agency, where your ideal South African property. If you need information on your rights or legal questions, contact Genie today Property.