A homebuyer is advised to have a home inspection in most “Offer To Purchase” documents. A wise seller will prepare the house for home inspections!
10 Things A Seller Should Do Before Having Your Home Inspected
Home sellers should prepare for the likelihood of a home inspection in advance. Moreover, getting your house ready for a home inspection helps to prevent delays and can prevent surprises. Also, a seller doesn’t need a home inspector to break fixtures or cause damage because the seller was ill-prepared.
In South Africa, sellers are required by law to providefull disclosure of the condition of the property. However, buyers usually pay for their home inspection.
Whether you’ve decided to produce a seller’s home inspection report for buyers or expect the buyer’s home inspector to show up for a buyer’s inspection, the best thing is to be well prepared.
1)Clean the house and swimming pool
Sellers 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 at 9:30 a.m., have the house ready for inspection at 9 a.m.
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.
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 yourhome 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.
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!
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”.
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.
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 clause in 98% of the “offer to purchase” agreements. Furthermore, the 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 have a home inspection!
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.
