Unless you are buying from a developer, the Consumer Protection Act is not applicable to transactions where home owners sell homes to purchasers, even if an estate agent is involved.
The old “voetstoots clause “is still applicable to these transactions. It is therefore recommended that you as the purchaser do a proper inspection of the property when you want to out in an offer and ask questions such as:
- Has the house burn down at any stage?
- Were there additions and improvements that required building plans to be submitted and was that done?
- Are there any roof leaks that the owner is aware of and had the owner had leaks fixed within the last 12 months?
- Is all the swimming pool equipment in a working condition and included in the sale
Is the owner aware of any termites?
Once the property is sold, the owner will only be liable for any defects in the property if the defects were not noticeable by the purchaser had he done a proper inspection of the property and if the Seller on purpose, while aware of the problem did not inform the purchaser of the defect.