Anyone who deals with Property and related matters in their ordinary course of business falls under the definition of a “Property Practitioner” as defined in the PPA.
A Property Practitioner is required to complete a property disclosure form.
The intention of the legislator was to reduce litigation in relation to the non-disclosure of defects relating to the property by the owner thereof, and to ensure that the property practitioner assists the contracting parties by ensuring that all defects are not only declared, but also documented properly. It is therefore imperative for estate agents to obtain a duly completed and signed mandatory disclosure form, before assisting in the sale of the property.
This mandatory form must disclose any defects in the property, and must then be provided to any prospective purchaser prior to signing, and finally also attached to the sale agreement, as it forms an integral part of the agreement.
If such a disclosure form is not completed, signed or attached, the agreement must be interpreted as if no defects or deficiencies of the property were disclosed to the purchaser.
A property practitioner who fails to comply with these obligations may be held liable by an affected purchaser, while the PPRA may also take action against such property practitioner or impose an appropriate sanction.
It is imperative that an agent clearly inform the Seller that all defects or aspects relating to the condition of the property be disclosed thoroughly in the disclosure form. An owner cannot fail to disclose certain defects relating to the property and then expect that a purchaser establishing defects will not require such defects to be remedied at the cost of the owner.
It is the exception rather than the rule to purchase a property where there are not aspects relating to the condition thereof that either require replacement, repair or maintenance at the time of sale.
The use of photographs documenting key aspects relating to the condition of the property can be very useful and can form part of the disclosure form.
J.G. DAKIN
23/04/2025
