Asked by the Customer on 23-10-2015 16:19:23
Question posted in the Property Law category relating to Western Cape
Question posted in the Property Law category relating to Western Cape
Good day,
I recently purchased a property and have discovered severe rising damp in some of the walls. The damp inspector informed me that it might be possible to claim the costs of repairs and treatment from the previous owner.
Is this true? If so, who is the right person to contact about this? Do I go to the estate agent, or a property lawyer or directly to the previous owner? Is there a limit on how long after the transfer date that I can wait before I contact whoever I'm supposed to contact? If so, what is that limit?
Kind regards
I recently purchased a property and have discovered severe rising damp in some of the walls. The damp inspector informed me that it might be possible to claim the costs of repairs and treatment from the previous owner.
Is this true? If so, who is the right person to contact about this? Do I go to the estate agent, or a property lawyer or directly to the previous owner? Is there a limit on how long after the transfer date that I can wait before I contact whoever I'm supposed to contact? If so, what is that limit?
Kind regards
Message from the Attorney
Posted by Att. Patrick on 24-10-2015 11:11:53
Hi there and thank you for your question,
Yes, you can most certainly claim the cost of repairs and treatment from the previous owner. Such a claim would be based on a latent defect in the property, and/or the failure on the previous owner to advise you that there was a problem with the property. i.e. damp. If the previous owner had painted the wall prior to transfer to "hide" the damp, then your case would be better. It would also be stronger if you could prove that the previous owner knew of the problem and didn't tell you! Also, if you asked if there were any damp problems, and the previous owner said "no".
You would not have to go through the estate agent or property lawyer. You can simply have the damp fixed and then claim the cost directly from the previous owner.
Step 1 would be to write a formal letter to the previous owner advising that you've discovered the damp problem, and explaining that you intend having the damp resolved and then claiming the cost from them.
Step 2 is having the damp fixed.
Step 3 is then sending a second letter together with the invoice.
If the previous owner doesn't pay, or disputes liability, then I would suggest that you speak to a property lawyer (just not necessarily the attorney who dealt with the transfer) about suing the previous owner for the cost of repairs.
Your time limit is 3 years from the date of transfer.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Yes, you can most certainly claim the cost of repairs and treatment from the previous owner. Such a claim would be based on a latent defect in the property, and/or the failure on the previous owner to advise you that there was a problem with the property. i.e. damp. If the previous owner had painted the wall prior to transfer to "hide" the damp, then your case would be better. It would also be stronger if you could prove that the previous owner knew of the problem and didn't tell you! Also, if you asked if there were any damp problems, and the previous owner said "no".
You would not have to go through the estate agent or property lawyer. You can simply have the damp fixed and then claim the cost directly from the previous owner.
Step 1 would be to write a formal letter to the previous owner advising that you've discovered the damp problem, and explaining that you intend having the damp resolved and then claiming the cost from them.
Step 2 is having the damp fixed.
Step 3 is then sending a second letter together with the invoice.
If the previous owner doesn't pay, or disputes liability, then I would suggest that you speak to a property lawyer (just not necessarily the attorney who dealt with the transfer) about suing the previous owner for the cost of repairs.
Your time limit is 3 years from the date of transfer.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Answer Accepted
This answer was accepted on 24-10-2015 16:25:52
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