What should I disclose?

Author
Kruger Attorneys & Conveyancers Inc
Kruger Attorneys & Conveyancers Inc is a specialised conveyancing practice, providing incomparable property law services through practical wisdom and trusted advice.

The duty to disclose

There is a duty on the Seller to make certain disclosures. Whilst the Seller is not legally obligated to disclose obvious or known defects (patent), the Seller does have a duty to disclose all defects which are not obvious (latent) which he/she is aware of.

Interestingly, the Purchaser also has a responsibility to properly inspect the property and acquaint him/herself with the condition of the property. The Purchaser cannot rely on the Seller’s disclosure alone.

There is also a duty on the Estate Agent to disclose any facts (including defects) which is set out in the Estate Agency Affairs Board Code of Conduct which states:

1. The Estate Agent must disclose any facts which are within the Agent’s knowledge;

2. The Estate Agent must disclose any facts which should be within the Agent’s knowledge;

3. The Estate Agent must disclose any facts which are material to the Purchaser;

4. The Estate Agent must disclose any facts which could be material to the Purchaser.

Christiaan Fullagar for Kruger Attorneys & Conveyancers Inc