Patent and latent defects: Must-knows for home buyers and sellers

What are examples of the difference between the different types of defects? How do you discover them? What is your responsibility as a seller regarding disclosure? And how can buyers protect themselves?

If you are selling your property, it is best and necessary to declare any problems or faults that you are aware of to the agent, says Steve van Wyk, Seeff’s MD in Centurion.

This includes patent defects that are visible to the naked eye, as well as latent defects like structural issues. The agent should then inform all prospective buyers of any defects the property may have.

Examples of patent defects include broken windows, wall cracks, sagging gutters, missing or broken tiles, broken light switches, cracked swimming pool surround, broken cupboards, rotten woodwork, cracking paintwork and burn marks on carpets.

Examples of latent defects include leaking roofs, faulty geysers, structural issues like structural weakness of the roof, rising damp, faulty pool pumps, rusted internal pumps, damp patches that only become obvious during heavy rain and incorrectly installed ventilation fans.

Should you as the seller not inform the agent and buyer about a fault that you are aware of, the buyer may cancel the contract or seek redress through the courts.

If a seller is unaware of certain defects, he or she cannot declare these, and can for this reason not be held liable. This is why Seeff highly recommends that buyers have a professional home inspection be done.

By insisting on an inspection, the buyer will avoid nasty surprises before they pay any monies, and will be in a position to negotiate any reparations in the conditions of sale with the seller.

It is important to note that it is much more difficult to make the seller do anything after the contract has been signed, and you as a buyer would probably need to take legal recourse if you feel that the seller did not disclose any latent defects to the agent.

Generally the buyer would pay for the services of an experienced and reputable home inspector who has been trained in discovering the defects of a home.

An inspection generally costs between R4 500 and R8 000, depending on the size of the house.