06/05/2026
๐ช๐ต๐ฒ๐ป ๐๐ต๐ฒ ๐ฆ๐๐ผ๐ฟ๐บ ๐๐ถ๐๐: ๐ช๐ต๐ฎ๐ ๐๐ฒ๐ผ๐ฟ๐ด๐ฒโ๐ ๐ช๐ฒ๐ฎ๐๐ต๐ฒ๐ฟ ๐๐ฎ๐ป ๐ฅ๐ฒ๐๐ฒ๐ฎ๐น ๐๐ฏ๐ผ๐๐ ๐ฌ๐ผ๐๐ฟ ๐ก๐ฒ๐ ๐๐ผ๐บ๐ฒ
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The storm moving through George and the Garden Route today has done more than flood roads and keep us indoors, for many it is exposing the hidden truths about their newly purchased properties.
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Imagine moving into your dream home, only to discover weeks later that water is seeping through the ceiling or damp patches are creeping up the walls. These are classic examples of latent defects: problems that are not visible during a reasonable inspection and only become apparent over time or under specific conditions, like a storm.
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Latent defects can include:
- Roof leaks that only show during heavy rain
- Damp patches hidden beneath paint
- Faulty plumbing
- Structural movement
- Electrical problems
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Latent vs Patent: Why It Matters
Not all defects are treated equally in South African law.
Patent defects are visible and obvious defects which are easily seen on inspection, like cracked walls, broken windows, or sagging gutters.
Latent defects, on the other hand, are concealed and not easily detectable, even with careful inspection.
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This distinction matters because it affects whether a buyer has any legal recourse once a problem is discovered.
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Most property sales include a voetstoots clause, meaning the property is being sold โas isโ and as such many assume this fully protects the seller but thatโs only partly true.
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While the clause does protect sellers against any defects they were genuinely unaware of, it does not protect them against dishonesty.
If a seller knew about a latent defect and deliberately failed to disclose it, the buyer may have grounds to:
- Cancel the sale (rescission), or
- Claim damages for the cost of repairs
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The difficult part us that burden of proof lies with the buyer. Itโs not enough to show that a defect exists, the buyer would also have to prove the seller knew about it and intentionally concealed it. This is often difficult and requires solid evidence, such as past repairs, communication records, or contractor statements.
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A Reality Check for Buyers and Sellers
Storms like the one hitting George are a reminder that no property is perfect, and not every post-sale problem leads to a successful claim. Many defects, especially those that could have been spotted during a viewing will fall squarely on the buyer.
At the same time, sellers have a clear duty to disclose known latent defects. Transparency isnโt just ethical, itโs the best protection against future disputes.
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Final Thought
Severe weather has a way of uncovering what lies beneath the surface. For buyers, itโs a reminder to inspect thoroughly and document carefully. For sellers, it reinforces the importance of honesty from the outset.
Because when the rain starts pouring, the truth has a way of coming through the ceiling.
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Article by Jasmine Jacobs โ [email protected]
Stay safe in this weather and please donโt hesitate to contact Rauch Gertenbach Attorneys for more information in this regard.
