Purchased a property

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Toitjie

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Howzit,

So the SO and I recently purchased a property, and we are both super excited.

We are currently living on the property renting (occupational rent), as we wanted to move in right away.

As we start using things around the house, we start noticing all the nitty gritty things.

Do we have the right to ask the current owner to fix these things, as we are only renting the property until it is registered on our name.

Can the owner refuse to fix anything?

Cheers
 
Toitjie said:
Howzit,

So the SO and I recently purchased a property, and we are both super excited.

We are currently living on the property renting (occupational rent), as we wanted to move in right away.

As we start using things around the house, we start noticing all the nitty gritty things.

Do we have the right to ask the current owner to fix these things, as we are only renting the property until it is registered on our name.

Can the owner refuse to fix anything?

Cheers
Click to expand...

You signed off on the condition of the house when you signed the contract to purchase it. Anyway, as alf101 said, all houses have nitty gritty stuff. You will simply never have it 100% perfect and you'll never have the time to try and get it there. The joys of home ownership!
 
Toitjie said:
Howzit,

So the SO and I recently purchased a property, and we are both super excited.

We are currently living on the property renting (occupational rent), as we wanted to move in right away.

As we start using things around the house, we start noticing all the nitty gritty things.

Do we have the right to ask the current owner to fix these things, as we are only renting the property until it is registered on our name.

Can the owner refuse to fix anything?

Cheers
Click to expand...

Only if it is brand new (you are the 1st ever to live there).
 
Soon to be in a similar situation :rolleyes: so was wondering what sort of stuff would the previous owner be responsible for?

So say the house is sold with a alarm system and its not actually working?
 
These are questions for your estate agent. Make them earn their commission. Many items will be listed in the sale and if they're not working you do have somewhat limited recourse iirc. It's a bit of a nerve though to expect him to make alterations and fixes while you're paying occupational rent though, unless the items you have an issue with are stipulated as working in the conditions of sale. Can't recall the exact terms but your estate agent would have had this drawn up, and both parties would have signed off on it iirc...
 
DJ... said:
These are questions for your estate agent. Make them earn their commission.
Click to expand...

Agreed! I've always found it interesting that the commission earned by them is never questioned. And at the same time folks are reluctant to make them work for it.
 
Just been down this dark road. I have the legal fees to prove it :p

If there are defects that have clearly been withheld from you then you have a case. But if these issues arouse after you took occupation it is on you.

I for one on the day I moved in discovered a number of hidden defects that were not disclosed to me, like a leaking pipe in the wall which had caused damage over at least a period of 6 - 8 months. After enough of a fight the agent agreed to pay for this. As well as a damaged roof due to leaking which once again was not disclosed.

So if you can prove that these issues were not disclosed and were not visible at the time you viewed and signed the offer then yes you can fight it. It won't be pretty though, unless the owner rolls over and fixes all the issues without complaining.
 
Grimspoon said:
Just been down this dark road. I have the legal fees to prove it :p

If there are defects that have clearly been withheld from you then you have a case. But if these issues arouse after you took occupation it is on you.

I for one on the day I moved in discovered a number of hidden defects that were not disclosed to me, like a leaking pipe in the wall which had caused damage over at least a period of 6 - 8 months. After enough of a fight the agent agreed to pay for this. As well as a damaged roof due to leaking which once again was not disclosed.

So if you can prove that these issues were not disclosed and were not visible at the time you viewed and signed the offer then yes you can fight it. It won't be pretty though, unless the owner rolls over and fixes all the issues without complaining.
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On condition that the previous owner was aware of the defects. If the issue existed beforehand but was not known to the previous owner then there is still no recourse to you as the buyer. Or has this changed? I know voetstoets has been redefined almost out of existence nowadays but there are still applicable laws relating to this, surely...?
 
DJ... said:
On condition that the previous owner was aware of the defects. If the issue existed beforehand but was not known to the previous owner then there is still no recourse to you as the buyer. Or has this changed? I know voetstoets has been redefined almost out of existence nowadays but there are still applicable laws relating to this, surely...?
Click to expand...

I think you are right, but how do you prove the previous owner didn't know about it. Gosh it is such a tricky thing.

In my case I was lucky as the owner burnt herself but admitting she got a plumber in when she noticed the leaking pipe but it was never fixed properly. There was also evidence that a plumber had attempted to fix it so she had to have known.
 
The previous owner is laible for defects which is not apparent, things you would not normally see. Usual wear and tear is covered under voetstoots. But if the geyser doesnt work or pool pump etc you can demand he fixes it. Just went through this with a jacuzzi bath not working.
 
Am in a similar boat. Bought a place and suddenly everything starts breaking or things only work "partially".

If you cannot prove it was broken before purchase and "hidden" from you, then it is your problem. If it was pre-existing but in plain view, you also don't have a leg to stand on as you signed to buy the house "voetstoots" in the condition as it was presented to you. (The previous owner will argue that the defect wasn't hidden and since you inspected properly you should have seen it.)

I've learned 2 things from this experience. When signing a offer, always include 2 clauses:
1) ... subject to house passing inspection from building inspector (that you will appoint and pay for - you are not an expert on building stuff, so it makes sense to pay this few rands on a big purchase like this)
2) ... subject to all major items being in a working condition (e.g. list things like the garage door openers, pool pump, fixed appliances like stoves/ovens, alarm systems etc.)

(Though I guess you could argue that this will just inspire the owner to take extra care when hiding all the defects...)
 
Also went through this however, our seller was awesome and fixed all the things we were not happy with...we were so grateful.
 
Went through a similar thing when I bought my house...

Main geyser wasn't working. Thankfully, I knew a little bit about how geysers worked, spent R300 and Geyser worked again perfectly. BUT I've found so many other things in the house since living in it that make my blood boil. Jobs not done correctly, things just being covered up and crappy workmanship.
 
ToxicBunny said:
Went through a similar thing when I bought my house...

Main geyser wasn't working. Thankfully, I knew a little bit about how geysers worked, spent R300 and Geyser worked again perfectly. BUT I've found so many other things in the house since living in it that make my blood boil. Jobs not done correctly, things just being covered up and crappy workmanship.
Click to expand...

Ans when you sell it one day, it will also have a few defects.
And the new owner will be cursing you.
 
alf101 said:
Ans when you sell it one day, it will also have a few defects.
And the new owner will be cursing you.
Click to expand...

Of course, but I at least hope that the defects I leave the house with are minor..

and not things like running 3 plugs in the kitchen off lighting grade wire...
 
Best is to budget for these hidden gremlins. Whenever I look at a property I always add:

* Cost for a structural engineer to evaluate the buildings on the property,

* Cost for a building inspector to make sure that everything is 100% i.e. all construction on property is on plan and approved and that all servitudes etc.. were obeyed (I once bought a property where a Koi dam was built (without plan and approval) over the main sewer line - agent had no idea about this - cancelled the sale there and then)

* +-5/10% of purchase price for 'maintenance' i.e. new paint job, those little things that was neglected and never fixed/replaced.

Buying a property in this way is a pleasure. There is never any fighting with the previous owner over lose door knobs etc... Just get it all fixed and sorted without any undue stress. No property will ever be 100%. Just make sure that:

* the construction is 100% sound,
* everything is on plan and approved, if not it will be for your account when you sell again,
* you take these costs into account wen negotiating the purchase price.
 
Well we bought a place and are paying occupational rent. However we found a huge cockroach problem. The owner claims that there was no problem before we moved in.
After cleaning and getting exterminators the problem seems to have gone away.
But wont the owner be liable for these costs?
 
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