What should I disclose when selling my property?

Author

Kruger Attorneys & Conveyancers Inc

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_

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