What can we do about things that are wrong with the house we bought?

Whose Responsibility Is It?

Sometimes things are wrong with a house, for example there is a broken window, the paint peels off the walls, the toilet leaks, there is a big crack in the floor, or a problem with the electricity. Who is responsible for fixing the problem depends on whether you have the problem in the first three months or later.

Contract with a Builder

If you sign a contract with a builder to build a new house for you, you must sign a delivery note when the building is completed. This is a form to say that you are satisfied with the house. Before you sign, you should go through every room and check the walls, doors, windows, plumbing, electricity, painting, ceilings and roof.

Only sign the delivery note after the builder has fixed the problems and you are sure there are no more problems.

The Three Month Guarantee Time

After you sign the form, the builder will give you a three-month guarantee on the house. The duties of the builder are finished when the guarantee period (the three months) is over, except for latent defects. If you have a problem with the builder do not stop paying the instalments on your home loan. Your problem is with the builder, not the bank. It is also important to remember that if the value of defects is less than R7 000 then the purchaser can go to the Small Claims Court. For bigger problems involving latent defects, people can bring applications in court without the help of an attorney but this can be difficult.

Latent Defects

Sometimes hidden problems only show after three months or later. For example, if the roof collapses in the first few years, it may be the builder’s fault. This is a latent defect. Here are some examples of latent defects that are the builder’s fault:

• There are big cracks in the wall and the house is only 2 years old
• There is a crack or hole in the floor and the house is only 3 years old
• Rain pours through the roof and the house is only 2 years old