Property purchases are regulated by the Land and Cadastral legislation. Legally, there is a fault if the property does not correspond with what the parties agreed or the property differs in any other way from what the buyer could reasonable expect. The buyer has a duty to inspect the property thoroughly, which means that the buyer cannot usually make a complaint about a fault he or she should have discovered during a thorough inspection of the property. If the buyer suspects something is wrong during the inspection, it is his or her duty to inspect it further and to investigate the possible reason for any fault . The seller is responsible for any faults that were hidden or out of sight and thus not possible to discover during the inspection. In some instances, the seller is responsible for passing on any information that the seller is aware would be a deciding factor in the buyer’s decision to purchase the property.
Sometimes disputes in relation to property can be complex and high value. Good knowledge and expertise are required to judge whether a fault in a property is valid.
We who work with property law