Hi I am in process of purchasing a house...

Asked by ClintM on 21-11-2021 06:11:47
Question posted in the Property Law category relating to KwaZulu-Natal

Hi I am in process of purchasing a house free standing 3 bedroom. 2 garadge.. I have signed a agreement of voetstoets and only the non operational pool was listed on the agreement which was visible. Estate agent had a open day and we had walked around the property to view on our own and not guided by any agent  to get familiar however the garadge door was locked where we where  not allowed to enter because we was advised the owners dog is inside.upon another visit to the property 3 weeks later to take measurements found the garadge door open, I entered and found huge holes in the roof ceiling and roof tiles exposed with holes and damp walls. The servants quarters is still locked and was advised they do not have the keys which is attached to the garadge when we asked to view it. I have approached the agent as to why she didn't disclose this to me on the onset which is visible. She said she will get back to me.i did agree to buy voetstoets and fix all the visible damages which I have seen but this has been hidden from us.The garadge has a concave ceiling and holes in it. The rafters are all damp and also rotten. It is not safe and the structure could not be safe please advise a way foward. Whos cost does this become. At the moment the paperwork is at the transfer attorney and bond attorney office and has not been sent for lodgment as yet 

Message from the Lawyer

Posted by Att. Patrick on 24-11-2021 00:22:58

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

First, I think that you need to get a lawyer to assist you in drafting a letter to the seller, because things could get sticky very quickly. Secondly, I think that you have sufficient grounds to cancel the sale agreement due to a non-disclosure of (what I think is) a very important issue with the house.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.