Remax Independant Properties & Home and Hectare Port Elizabeth - this is how you as a seller will be treated

Latent defect: This is a defect which is not apparent after ordinary inspection by a ‘reasonable man’. Latent defects are defects which only an expert could be expected to discover – for example, rising damp in a house, structural weakness of the roof timbers or an incorrectly installed geyser. Some more examples of latent defects include damaged pipes in walls, leaking roofs (except where strain marks make the leak obvious) and defects such as dampness behind a cabinet. The test is what could not normally be seen on inspection by a “reasonable man”. Home inspector still relies on his powers of observation and does not conduct an invasive investigation – for instance excavating alongside the foundations, or removing part of the roof covering. This is why a home inspection report never constitutes a warranty. An inspector cannot be expected to predict all future failures of the components of a house. If the roof leaks, but the house is being sold in the dry season after the seller has painted over the damp stains – what then? In terms of common law, where there is some latent defect in the house the seller can still be sued if it can be proved that the seller knew about the defect and failed to disclose it to the buyer. In this case the voetstoots clause in the agreement of sale will not provide protection to the seller. THE SELLER ALWAYS HAS A LEGAL DUTY TO REVEAL TO THE BUYER ANY LATENT DEFECTS OF WHICH THE SELLER IS AWARE. So here is what I experience since buying a year ago, many issued noted within the first month or two and just recently. • Roof leaking badly – This is the only thing attended to with the help of estate agent • Geyser breaking – I had to pay cash for no help from estate agent or buyer • More Damp appearing than was visible during dry period – I had to pay cash for no help from estate agent or buyer • Kitchen Cabinets installed by breaking through subfloor – I had to pay cash for no help from estate agent or buyer • Damp in kitchen cupboards due possibly to leaking pipes • Dry rot in one bedroom – I had to pay cash for no help from estate agent or buyer • House not electrically compliant – No original signed Cert from Seller and seller refuses to sign the new one I had to fight for • Broken window not repaired • Security system not in working order – had to fix at my cost • Etc • Etc

Reasons I was given for non assistance by estate agents / seller: 1. You had the opportunity to get in a building inspector 2. The aged owner (not her daughter who was legal guardianship) believed in good faith 3. Oh well 4. The house is old Obligations of the Estate Agent: In Terms of a Prospective Buyer (or Lessee)... • Acting honestly and with fair conduct. • Qualifying the buyer, i.e. obtaining information about the buyer in order to introduce him to the ideal home. • Showing selected properties to the buyer. • Maintaining contact with the prospective buyer. • Assisting the buyer to make an offer. • Assisting the buyer to obtain finance. • After-sales service. • Complying at all times with the legal and ethical obligations owed to a prospective buyer, regulated by the Estate Agency Affairs Board, i.e.: the duty not to make a misrepresentation, the obligation to disclose material facts, the duty not to prejudice the interests of the buyer, the duty to act with responsible care and s****, the duty not to discriminate against the buyer, the obligation to be ethical regarding the receipt of trust money, the duty not to abuse or ********ly disclose confidential information. Remax did finally answer my hello peter query, then referred it to RE/MAX Independent Properties Port Elizabeth (Kobie) on 2020/01/29, 03:52 - to which I STILL HAVE HAD NO RESPONSE AT ALL TO DATE.