Preparing For Home Inspection

house inspection

10 Things To Do Before Having Your Home Inspected

Home sellers should prepare for the likelihood of a home inspection in advance. Moreover, getting ready your house ready for a home inspection helps to prevent delays and can prevent surprises. Also, a seller doesn’t need a home inspector breaking fixtures or cause damage because the seller was ill-prepared.

In South Africa, the seller is required by law to provide full disclosure of the condition of the property. However, the buyer usually pays for his or her home inspection.

Whether you’ve decided to produce a seller’s home inspection report for buyers or expecting the buyer’s home inspector to show up for a buyers inspection, the best thing is to be well prepared.

 1) Clean the house and swimming pool

You should always try to create a good first impression. Notably, clean homes and pools are an indication of how you maintain the house and property.

Don’t underestimate the importance of making a good impression. Don’t make the mistake of thinking inspectors see past stuff.

2)The Inspector will be on time

You can expect the home inspector to be on time. Therefore, if an inspector makes an appointment with you for 9:30 am, have the house ready for inspection at 9 am.

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Sellers Inspection

sellers inspection

Sellers Inspection

real estate sellers inspection
A sellers inspection doesn’t kill deals by forcing you to disclose defects you wouldn’t otherwise have known about. Any defect that is serious enough to kill a real estate transaction is best discovered before it can kill the deal.

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Streamlining Your Sale

A sellers inspection (sometimes referred to as a pre-listing inspection) is becoming more popular because it virtually eliminates all the real estate pitfalls and hassles associated with having the buyer do the home inspection.

In many ways, waiting to schedule the inspection until after a home goes under the agreement is too late. You arrange and pay for a sellers inspection, usually just before your home goes on the market. The inspector works for you and generates a report for you.

When your report is complete, I will send you a link to the report on the internet. Your agent can either share the link with potential buyers or make multiple copies of the report to give to prospective buyers. The link to the report is an effective marketing tool allowing your estate agent and prospective buyers to access the report on the internet.

A sellers inspection is a benefit to all parties in a real estate transaction. It is a win-win-win situation.

A sellers inspection doesn’t kill deals by forcing you to disclose defects you otherwise wouldn’t have known about. Any defect that is serious enough to kill a real estate transaction is likely going to be uncovered eventually anyway. It is best to discover the problem ahead of time before it can kill the deal.

Unlike real estate agents, whose job is to market properties for their sellers, inspectors produce objective reports. The inspection report becomes a great marketing piece if your property is in good shape.

That it has been generated by an impartial party is an added benefit.

Advantages of a sellers inspection:

  • You can choose a certified InterNACHI inspector rather than be at the mercy of the buyer’s choice of inspector.
  • You can schedule the inspections at your convenience.
  • It might alert you to any items of concern, such as an incorrectly installed geyser, mould or active termite infestation.
  • You can assist the inspector during the inspection, something normally not done during a buyer’s inspection.
  • You can correct any misstatements in the report.
  • The report can help you realistically price the home if problems exist.
  • If there are no problems, or you corrected them, you can demand a higher selling price.

A sellers inspection reveals problems ahead of time, which:

  • Might make the home show better.
  • Gives you time to make repairs and shop for competitive contractors.
  • Permits you to attach repair estimates or paid invoices to the inspection report.
  • Removes over-inflated buyer-procured estimates from the negotiation table.
  • The report might alert you to any immediate safety issues found, before agents and visitors tour the home.
  • The report provides a third-party, unbiased opinion to offer to potential buyers.
  • Your estate agent can use a clean seller inspection report as a marketing tool.
  • A sellers inspection is the ultimate gesture in forthrightness on your part.
  • The report might relieve a prospective buyer’s unfounded suspicions before they walk away.
  • A sellers inspection lightens negotiations and 11th-hour re-negotiations.
  • The report might encourage the buyer to waive the inspection contingency.
  • The deal is less likely to fall apart, the way they often do, when a buyer’s inspection unexpectedly reveals a last-minute problem.

The report also provides full-disclosure protection from future legal claims.

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 Inspected Once, Inspected Right!®

SEE WHERE I INSPECT IN GAUTENG!

THE HOME DETECTIVE » full disclosure

The Voetstoots Clause

voetstoots clause

The Infamous Voetstoots Clause!

voetstoots clause in the estate agent's offer to purchase
The seller does not have your interests at heart! The Voetstoots Clause protects the seller, not YOU! Do the wise thing! Put an inspection contingency clause in the Offer to Purchase which says the offer is dependant on a satisfactory home inspection. Then, have a home inspection to protect yourself!

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Hidden defects could result in expensive repairs!

Be careful with the voetstoots clause! You are not protected from defects by the Consumer Protection Act with the voetstoots clause in an Offer To Purchase unless you are buying from a developer or builder. All the offer’s to purchase I have come across of all from estate agents and lawyers have the voetstoots clause. You can have the estate agent remove the clause but your offer will most likely be rejected!

In certain instances of concealed defects, you have recourse to the law. A legal determination will need to be made as to whether a defect was deliberately concealed or not. This will determine who is liable for costs. This can be expensive!

But you can reduce the risk with the Voetstoots clause if you make yourself aware and do the following:

Voetstoots and Patent and Latent Defects

A patent defect is clearly visible upon inspection. This may include items such as a crack in a wall or window, chipped plasterwork etc. The offer to purchase should clearly state who is responsible for repair or replacement.

A cursory inspection does not easily pick up a latent defect, e.g. a faulty geyser, a damp area concealed behind furniture or fresh paint, or a leaking roof.

Common law states that the seller is responsible for all latent defects for a period of three years from the date of sale.

The seller should supply all warranties and documentation of repairs and maintenance on the transfer of the property. Make sure that you are aware of all patent defects!

The seller and the voetstoots clause

Sellers stipulate that the property is for sale ‘as is’ (“Voetstoots”) in the belief that they can avoid expensive repairs. However, the seller remains responsible for any deliberately concealed latent flaw or defect.

The difficulty arises in that the burden of proof lies with you, the buyer, as to whether the seller knew, or ought to have known of the latent defects. This also determines whether you can cancel the contract, or claim some repayment from the seller.

You and the voetstoots clause

The offer to purchase document or seller’s disclosure should contain all detected faults. The fault records must also state which party will be responsible for repairs.

You can insist on certain guarantees, e.g. under ‘Special Conditions’. For instance, you can stipulate that; “The Seller warrants that the swimming pool on the property is not leaking at the date of signature hereof by him”.

For your own protection, you should negotiate a Home Inspection Contingency with the seller.

The estate agent (property practitioner) and the voetstoots clause

An important document is the “Seller’s Property Disclosure” which should form part of the offer to purchase. Sellers should disclose problems in the house to the best of their belief and knowledge. However, what the seller “believes” and what is actually true often diverges a lot!

The estate agent is a facilitator and not a party to the contract. Therefore, you can only prosecute an estate agent in terms of the Consumer Protection Act. This applies if the agents ‘supply’ of service was in contravention of the CPA.

If you are unhappy with the service given by the estate agent or estate company, or you suspect that they have violated either the law or the code of conduct governing the industry, it is always better to try and resolve the problem with them first. If you are still not happy you can approach the Estate Agency Affairs Board. The property practitioner’s ombudsman still has to be appointed as required by the Property Practitioners Act.

Protection against the voetstoots clause

With a home inspection report by THE HOME DETECTIVE, you get an accurate, comprehensive description of the true condition of the home you intend to purchase. You, the buyer, the seller, the estate agent and conveyancers can thus be a party to a fair deal.

The cost of the inspection is normally for your account.

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 Inspected Once, Inspected Right!®

SEE WHERE I INSPECT IN GAUTENG!

THE HOME DETECTIVE » full disclosure

Voetstoots clauses are still being used in 98% of Home Sales Contracts

Voetstoots Clauses

voetstoots clauses

Read your offer to purchase carefully!

Beware of voetstoots clauses!

If you believe that the voetstoots clause is no longer applicable to home sales, you are mistaken. Estate agents and home sellers are using the voetstoots clause in 98% of the “offer to purchase” agreements. Furthermore, the voetstoots clause protects both the seller and the agent in case of legal ramifications for defects. The seller is not selling his home in his normal course of business. As a result, the Consumer Protection Act does not protect you!

In conclusion, just imagine what is wrong and can go wrong with the house you just bought if you don’t take the correct action!

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 Inspected once, Inspected Right!®

THE HOME DETECTIVE » full disclosure

Is a Seller’s Disclosure worth the paper it’s written on?

 

Seller’s Disclosure

disclosure

 

There are also various versions of “Sellers Property Condition Disclosure” statements in use by estate agents. The Estate Agency Affairs Board (EAAB)  prepared one of the disclosure forms. Another by a prominent firm of conveyancing attorneys. Some “Offer To Purchase” contracts include the seller’s disclosure towards the back of the contract. None do much to make the average property transaction any fairer for the buyer.

These disclosure statements often don’t provide the buyer with genuinely comprehensive information on the true condition of the property. Such agreements often simply shift responsibility away from the estate agent and onto the seller. Continue reading “Is a Seller’s Disclosure worth the paper it’s written on?”

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