06/05/2026
𝗪𝗵𝗲𝗻 𝘁𝗵𝗲 𝗦𝘁𝗼𝗿𝗺 𝗛𝗶𝘁𝘀: 𝗪𝗵𝗮𝘁 𝗚𝗲𝗼𝗿𝗴𝗲’𝘀 𝗪𝗲𝗮𝘁𝗵𝗲𝗿 𝗖𝗮𝗻 𝗥𝗲𝘃𝗲𝗮𝗹 𝗔𝗯𝗼𝘂𝘁 𝗬𝗼𝘂𝗿 𝗡𝗲𝘄 𝗛𝗼𝗺𝗲
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.
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.
Latent defects can include:
- Roof leaks that only show during heavy rain
- Damp patches hidden beneath paint
- Faulty plumbing
- Structural movement
- Electrical problems
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.
This distinction matters because it affects whether a buyer has any legal recourse once a problem is discovered.
Most property sales include a voetstoots clause, meaning the property is being sold “as is” and as such many assume this fully protects the seller but that’s only partly true.
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
The difficult part us that burden of proof lies with the buyer. It’s 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.
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 isn’t just ethical, it’s the best protection against future disputes.
Final Thought
Severe weather has a way of uncovering what lies beneath the surface. For buyers, it’s 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.
Article by Jasmine Jacobs – [email protected]
Stay safe in this weather and please don’t hesitate to contact Rauch Gertenbach Attorneys for more information in this regard.
