Damp areas bother potential owner

 A reader is interested in purchasing a residential property, but is concerned about recently repaired damp areas despite assurances of a guarantee from the owner.

 She has noticed that the owner has recently effected damp proofing on various sections of the dwelling.

 In an attempt to allay her fears, the owner has offered to secure a certificate from the contractor who did the repairs, guaranteeing the work for 10 years.

 Our reader, however, remains unconvinced and is considering passing on the deal.

 Schalk van der Merwe from Rawson Properties in Somerset West says damp in dwellings is a fairly common problem.

 “Despite that, it is a factor that puts a buyer off as the consequences of damp often manifest in unsightly bumps, peeling paint and cracking plaster work,” he says.

 “Sellers realise this and, before placing a property on the market, they ensure the damp areas are repaired.”

 He says this usually entails the use of damp proofing membrane and sealant which is plastered over the area and then painted.

 “The difference in paint colour or texture of the wall is often a giveaway for a would-be purchaser even if the problem isn’t pointed out by the agent or seller,” says Van der Merwe.

 He adds that damp could come from various causes.

 “It may be rising damp, it may stem from a lack of weather-proofing or it may be due to poor maintenance.”

 Van der Merwe says for the resulting damp to be treated, the cause must be established.

 He adds that a quick repair job of scraping and patching will possibly mask the problem for some time, but it will almost certainly reappear if the root cause is not found and treated.

 “Many a seller has gone to pains to point out that damp has been treated properly, not merely patched, only for the purchaser to be stuck with the problem in the future.

 Van der Merwe says that leaves the purchaser with the choice of either taking legal steps for the damages suffered or treating the problem themselves.

 “Litigation can be costly and time-consuming and therefore treating the problem yourself is probably the wiser decision, unless it is of considerable magnitude.”

 Grant Hill of Miller Bosman Le Roux Attorneys in Somerset West says in the reader’s instance the seller is offering to secure a guarantee of the repair work.

 “The seller is thus endeavouring to avoid personal responsibility by moving that to the contractor,” he says.

 “We are not told whether the contractor is reputable or has been around for any considerable period of time.”

 If this is not the case, he says it could happen that the “certificate” provided may not be worth the paper it is written on as the contractor may not even be in business if a problem arises during the period of guarantee.

 “Another option may be for the seller to agree to be jointly liable, together with the contractor, for the quality of the repair works.

 “Our reader could then consider instituting action against the seller, but that could also raise certain issues.

 “For example, tracking down the seller in future may be problematic. He may be destitute or may even have died in the interim.”

 Hill says should the reader consider proceeding with the purchase, the works should be properly inspected and a full disclosure as to the repairs effected.

 “She could even consider having a third-party inspection, with the cost being carried by either party or shared between them.”

He adds that the offer to purchase could even be made subject to the approval of the works by this third party if it is confirmed that the cause was repaired and not that a mere cosmetic cover-up was effected.