Ultimately, the parties’ co-operation is required to solve a dispute regarding defects. The parties may negotiate for example to have the defect repaired by the seller, or to reduce the purchase price with the amount equal to the repair.
Unfortunately, where no agreement can be reached between the parties, the purchaser carries the burden to prove that the seller is liable in law to attend to the defect. This is a costly exercise depending on the nature and extent of the defect. It is recommended that the parties settle in such an instance.
Disputes can often be prevented by obtaining a properly completed PCR and urging the purchaser to conclude a thorough inspection before making an offer.