As all buyers are probably aware being absolutely sure of what you are buying is very important.This leads most people to enlist the services of a property inspector.This could save you alot of headaches in the future as  most sale agreements these days include a  “voetstoets”  clause.This means that the property is sold as is including any defects there may be to the property on offer.This clause usually works to the sellers advantage protecting them from further claims by the buyer regarding defects to the property.

So it is very important to have everything checked out by a reliable property inspector because you may not have any legal recourse if you later become aware of leaks,rising damp or other faults with the property you have purchased.

To the buyers advantage the “voetstoets” clause will not be applicable in the event of the seller being aware of a defect at the time of making the contract and deliberately trying to hide or conceal it from the buyer to defraud them.So sellers can’t get away with just anything.

Unfortunately this probably happens pretty often and it makes it even more important to get a proper inspection.

If there is no “voetstoets” clause in the agreement of sale and a defect is found there are options available to the buyer.One of which is cancellation of the agreement of sale and refunding of monies paid by the buyer and return of the property to the seller.Other options are a reduction in the purchase price of the property or to claim damages from the seller if they stated the property was free of defects.Any of these actions would of course need to be substantiated by proof that the defect existed at the  time of sale.

Be sure of what you are buying and read all your contracts carefully!

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