A buyer moves in, opens a cupboard and finds a damp wall that was painted over a few weeks before the sale. The buyer calls the agent and then calls a conveyancing firm. The seller, who thought the matter was closed, now faces a claim.
This is avoidable. A good conveyancing firm helps sellers declare what they know before the offer is signed. Roberts Incorporated sees the same questions from Cape Town sellers again and again. This article explains what you must disclose and why it protects you.
The mandatory disclosure form
Since February 2022 the Property Practitioners Act has required sellers to complete a disclosure form. Section 67 says an agent may not accept a mandate until the seller has signed it. The agent must also give a copy to every buyer who intends to make an offer.
The form asks about the condition of the property. It covers the roof, the walls, the plumbing, the electrics and any building work. You must answer honestly and in full. Agents must keep every signed form for five years. That record can surface in a dispute long after the sale, so accuracy matters from day one.
Leaving the form out does not help you. If no signed form is attached to the agreement, the agreement is read as if no defects were disclosed. You lose the benefit of any warning you might have given.
What the voetstoots clause really covers
Most agreements of sale contain a voetstoots clause. It means the buyer takes the property as it stands, faults included. Many sellers believe this covers everything.
It does not. The clause protects you against defects a buyer could reasonably have seen, such as an old stain or a worn gutter. It does not protect you when you knew about a hidden defect and said nothing. In that case the buyer may be able to cancel the sale or claim damages.
Painting over damp is the classic example. A seller who hides a leaking roof behind fresh paint cannot rely on the clause. The same applies to a cracked wall that was patched only to look sound.
Think of it this way. A buyer can see a scuffed floor and is expected to price it in. A buyer cannot see a pipe that leaks inside a wall, so a seller who knows about it must say so.
What Cape Town sellers should declare
Think about the history of your home and not only its condition today. If you know about it, write it down. Common items include damp, roof leaks, structural cracks and the repairs made to them. Add any building work done without approved plans.
Declare servitudes, title deed conditions and homeowners association rules that affect the property. If you sell a sectional title unit, mention levies and any special levy that has been raised.
Compliance certificates matter too. Many Cape Town sales need certificates for installations such as electrical and plumbing work. Ask your conveyancing firm early which certificates apply to your property. Booking an inspector takes time. A missing certificate can hold up the transfer.
Municipal approval is worth checking as well. Unapproved building work can often be regularised before a sale. It is much harder to fix once a buyer has found the problem.
How a conveyancer uses your disclosure
After the buyer and seller sign, the transferring conveyancer takes over. This is the person who steers the transfer through the Deeds Office. In practice the seller appoints this conveyancer.
The conveyancer reads the title deed for restrictions and servitudes. The conveyancer also arranges the rates clearance from the municipality and checks that the certificates are in order. If your disclosure says one thing and the title deed says another, the conveyancer raises it before it delays registration.
This is why early contact matters. A conveyancing firm that sees your disclosure form and your agreement of sale together can spot gaps while they are still easy to close. Fixing them after lodgement costs time and sometimes money.
Practical steps before you meet your conveyancing firm
Walk through the property with the form in your hand. Take photographs of repairs and keep the invoices. If you are unsure whether something counts as a defect, disclose it. A short note costs nothing. Silence can cost a great deal. Keep a simple folder for the sale. Put the signed form, repair invoices, plans and certificates in it and hand a copy to your conveyancer. It saves questions later and shows that you acted in good faith.
Then speak to a conveyancer before you sign anything. Use the Roberts Incorporated calculators to estimate what the sale will involve. Read how our conveyancing service works from offer to registration. When you are ready, contact Roberts Incorporated and ask for help with your disclosure.