Just Bought a new house.roof needs replacing.who to contact

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  • Razinatjie
    New Member
    • Jul 2013
    • 6

    #1

    Just Bought a new house.roof needs replacing.who to contact

    Good Day

    I bought a house through an estate agent. both myself and the agent were unaware that the roof needed major repair as you cant see it from the ground. the prev owners signed a defects list stating that they are not aware of any defects in the roof. but when u get up on the roof u clearly see that they did know as there was major patchwork intended to hold for only a year or two (cracked tiles etc covered with membrane) what should i do now? can i go to consumer tribunal? who do i approach? are there any attorneys who can help me?
  • Dave A
    Site Caretaker

    • May 2006
    • 22803

    #2
    Originally posted by Razinatjie
    can i go to consumer tribunal?
    If the seller was a "private seller" (not a developer, property speculator, person with a property portfolio with regular buys and sells), unfortunately you don't have recourse under the Consumer Protection Act.

    However, you do have recourse if you can prove to the satisfaction of a court that the defect was known by the seller and the seller knowingly concealed it from you.

    I have to warn you though that these cases are quite tricky to win. For example, if the defect was in plain sight and required only that the prospective purchaser had to be reasonably observant, there's no question of concealment, and you wouldn't have a case. Proving that the seller had knowledge can also be quite a hurdle.

    The devil will be in the detail. I seriously recommend you take this to an experienced lawyer to go over the detail of the case and lay out your prospects.
    Participation is voluntary.

    Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

    Comment

    • Mitos
      Email problem
      • Feb 2013
      • 40

      #3
      And while it's still fresh, take a few clear, high quality pictures of damage, highlighting especially the repaired or camaflouged/covered up parts before next seasons rains/stoms appear... ....
      www.mitos.co.za

      Comment

      • Razinatjie
        New Member
        • Jul 2013
        • 6

        #4
        Thanks for input. What about the estate agent.? And is there no tribunal I can approach.? They did know roof had issues cos of extensive patchwork. They just may not have known fullest extent. But they were certainly aware.

        Comment

        • Dave A
          Site Caretaker

          • May 2006
          • 22803

          #5
          Originally posted by Razinatjie
          What about the estate agent.?
          You can approach the Estate Agency Affairs Board if you believe there has been misconduct on the part of the estate agent.
          Participation is voluntary.

          Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

          Comment

          • Marq
            Platinum Member

            • May 2006
            • 1297

            #6
            Originally posted by Dave A
            You can approach the Estate Agency Affairs Board
            I thought they had gone out of business, but there they are with new ceo and all.

            If you choose to go to this Board, be prepared for big Frustration and run around. It is unlikely that you will even get out of the starting blocks.
            I had a case that went all the way - Just as I thought I was a winner and everyone including the person in charge said I was.....boom, she delivered a verdict for the defendant based on....well no one to this day actually knows, It wasnt KFC in those days so not sure how she was rewarded.
            The cost of living hasn't affected its popularity.
            Sponsored By: http://www.honeycombhouse.com

            Comment

            • samanthaflax02
              Suspended
              • Feb 2014
              • 20

              #7
              You should go to estate agency affairs Board and consumer courte. You will get the best possible help there.

              Comment

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