Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | The risks of half-truths about a leaking roof in the sale of a home

Le Roux v Zietsman and Another (HCA10/2020) [2021] ZALMPPHC 79 (2 November 2021)

When the Zietsmans purchased a sprawling guesthouse, they were advised by the seller of one or two leaks in the roof which had been fixed. Three months later, they were rushing around trying to appease guests whose rooms were rendered uninhabitable after the first seasonal rains pooled in their rooms, wet the bedding and carpets and ruined their suitcases. An engineer’s report found a poorly constructed roof, coupled with evidence of various earlier efforts to fix leaks. The double-garage-sized sheeting that the seller had used to fix the small leak in the one room, pointed to the extent of the problems and to his prior knowledge thereof. Ten years later, after various court skirmishes, the seller was ordered to make good the damage suffered by the purchasers, including losses suffered when they could not accommodate guests. The judgment explains how a court approaches a claim based on latent defects.

Summary of the Judgment

The Judgment

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