Leave inspections to experts

MAKE sure you use the services of a reputable building inspector before signing disclosure documents as you will have no recourse should faults become apparent months later.

Eric Bell, of Inspect-a-home, said it was not compulsory for new owners to sign disclosure documents stating that the property was in good working order before concluding the sale, although some estate agents might insist on this.

“By law, you are not required to sign these documents. If you do and you end up with a house that needs unexpected repair work, you will have no recourse with the estate agent,” said Bell.

He said disclosure documents asked buyers to sign off on a number of key areas, including roofing, geyser condition, wiring and damp.

“Unless you are a structural engineer or qualified building inspector, it is highly unlikely that you will be able to identify latent property defects.

“Disclosure documents can be misleading and ambiguous. For example, a newly painted house is not necessarily a sound house – surface impressions may mask underlying problems that only arise months later. By signing disclosure documents, you sign away your right to damage claims.”

However, these days, even if a home buyer signed such a document, they were safe for six months in terms of Section 56 of the new Consumer Protection Act (CPA). After that, things could become difficult.

Phenias Ncube, deputy director of the Office of the Consumer Protector in the Western Cape, said that in terms of the new act, consumers could not contract out of their right, meaning they could not sign their rights away.

“If the house is materially defective, consumers have the right within six months to return the property to the estate agent and demand their money back or that the house be repaired. They can also demand another house of the same value,” said Ncube.

City attorney Malcolm Roup said: “The parties to a deed of sale cannot contract out of the law. The provisions of the CPA will always apply. It is advisable to take your deed of sale to an attorney for vetting before signing. If possible, consumers can get a building inspector to inspect the property.”

Bell advises consumers to invest in the services of a reputable building inspector, as some estate agents may push buyers to sign documents before or without an inspection to secure a quick sale.

He said that in the US, it was standard practice when buying property to engage a reputable building inspector.

“You inspect your car before purchasing it, why not your house? There are a number of cases about property defects before court. These can be time-consuming, costly and frustrating.

“Be clear about the condition of the property you are buying. Despite what some estate agents might assume, inspections do not kill sales.