14/09/2022
BUYERS DON'T JUST ACCEPT A TICK LIST. DISCLOSING THAT THERE IS MOULD 'IS NOT ENOUGH'-
The Property Practitioners Act (PPA) is in full effect, replacing the outdated 1976 Estate agency affairs act 112.
The new PPA includes a host of positive changes that will protect and benefit consumers as well as the property industry as a whole. A 'property practitioner' will now not only include estate agents, but bond originators, home inspectors, as well as other professionals within the property industry.
While a "disclosure form" detailing the full state of a property has been standard practice for some years since the Consumer Protection Act (2011), it will now be law under the new PPA for a property disclosure signed by parties to be included in the Offer to Purchase.
In addition, no mandate may be accepted by an estate agent without a comprehensive property defects disclosure form. If no disclosure form is signed and attached, the PPA provides that the agreement must be interpreted as though no defects or deficiencies of the property were disclosed to the purchaser.
What does this mean?
While a professional Home Inspection is not mandatory, full disclosure of all known defects must be undertaken. This places a lot of responsibility on both the seller and the estate agent to have a good understanding of all aspects of a home in order to disclose all defects in detail. A Home Inspection done by an independent Property Inspector makes good financial and professional sense. Property Inspection Reports can be used as a disclosure document, highlighting the current state of the property at the time of inspection.
Buyers should not just accept a disclosure form or tick list. They should question information disclosed on the form, ask by whom and when the form was completed. Double check any information that does not make sense or is incomplete. For example: Disclosing that there is Mould is not enough – the disclosure should tell you where it can be found, how long it has been there and what is the cause.
While the Certificates of Compliance (CoC) are a legal requirement, they are not comprehensive.( Our services also include CoC'S)
A plumbing CoC for example, does not include leak detection or moisture issues, whereas a property inspection does.