By Harold Ayodo

Some buyers of homes are getting raw deals after purchasing property from ‘cunning’ sellers.

Many of them buy new apartments and realise after moving in that their dream homes are a result of poor workmanship.

Take the case of Tony Njoroge who says he bought an apartment off Ngong’ Road before the recent rainy weather exposed its hidden secrets.

 “The roofs started leaking, then some cracks started emerging from the walls...even the sinks are not of good quality,” Njoroge says.

According to him, attempts to have the private developer repair the leakages and cracks have been in vain.

 “I feel played because I paid nearly Sh10 million for the apartment, which looked excellent from both the interior and exterior,” Njoroge says.

 Njoroge who sent this column an email argues that the private developer would have had the courtesy to inform him of defects in the apartment early.

Caveat emptor

“This is robbery in broad daylight...I would have paid lesser for the apartment and spend a portion in repairs,” he argues.

 However, that is the point where the Caveat Emptor principle in law comes in. It means let the buyer beware. It notifies a buyer that what they are buying is subject to all defects!

Therefore, purchasing property requires patience and vigilance, as most are transactions that involve lifetime savings running into millions of shillings.

Unfortunately, most prospective homeowners are unaware of the legal principle of Caveat Emptor in some transactions.

Legally, the rule is not designed to shield sellers who engage in fraud by making misleading representations on quality and condition.

It means prospective investors must be diligent when purchasing property to avoid accusing the seller for alleged fraud.

Moreover, it summarises the concept that a purchaser must examine, judge, and test a product considered for purchase alone.

Therefore, buying a house with no professional third-party inspection and later seeking to reverse the sale may have no legal remedies over Caveat Emptor.

However, some countries have sought to defuse the powerful effects of the doctrine by introducing consumer protection or sale of goods legislation.

Locally, involvement of registered professionals like lawyers, valuers, architects or home inspectors could increase costs but save the heartbreaks of a defective home.

It is wise to involve professionals to inspect the house before signing a sale agreement with the seller.

Some physical inspections of homes reveal nasty shocks to buyers like poor foundations, which you cannot notice as a buyer with a common eye.

Therefore, never rush into signing a sale agreement after convincing yourself that it looks ‘good’ from the outside and inside — let the professional give a clean bill of health!

Quick deals

Nevertheless, many prospective investors seem to be in a hurry after ‘bumping’ onto a cheaper house in the area of their dreams.

For instance, it could be a mansion in the high-end areas selling for at least five million less than their market prices.

But a wise conveyancer (property lawyer) will ensure that the sale agreement is dependent upon the outcome of inspection by professionals.

For starters, a sale agreement is a legal document that spells the terms and condition of a transaction — it binds the buyer and seller.

And the professional would inspect structural elements like construction of walls, ceilings, floors, roofs and the foundation.

Others are exterior evaluations like wall covering, landscaping, grading, driveways, drainage, fences, sidewalks, doors and windows.

The professionals would tell you that a lot should be looked at in a roof like framing, ventilation, type of construction and gutters.

Systems and components like water heaters, furnaces, air conditioners, chimney, fireplace and sprinklers should not be overlooked.

Appliances, plumbing, electrical like type of wiring cannot be overlooked lest a short circuit sparks fire in a new home.

After the inspection, it could be agreed in writing that the seller repairs some physical defects or a clause included in the sale agreement to that effect to cushion the buyer.

Most buyers who later cry foul over physical defects are those that rely on real estate agents without input of professionals.

A real estate agent can help you through the process of looking for a house, help you view the property and reach the landlord.

However, you generally will pay a higher price because the commission of the agent is factored in.

— The writer is an Advocate of the High Court of Kenya.

hayodo@standardmedia.co.ke