What are estate agents obliged to disclose?

We have been contacted by homeowners who, after buying a property, discovered defects or other issues they say were not disclosed. Alongside the disappointment and unexpected expense, there is often uncertainty: what should they have been told, and what can they do now?

Sometimes the concern is not the house itself. Buyers may feel that noise or other significant issues affecting daily life were represented very differently from what they experienced after moving in.

These situations are seldom resolved by a simple answer. What was known, what was said, what was recorded and what the sale agreement provides can all matter. But the starting point is straightforward: there is nothing wrong with selling a home that has problems. Concealing or misrepresenting those problems is another matter.

A property does not need to be faultless

Some sellers simply cannot afford to repair everything before putting their home on the market. Others would rather let a buyer decide how to approach repairs or improvements.

We have worked with sellers in this position. The responsible approach is to identify the known issues, disclose them clearly and allow buyers to decide whether they are comfortable proceeding.

A leaking roof, recurring damp or an unresolved boundary concern need not automatically prevent a sale. It may affect a buyer’s interest, proposed terms or willingness to take on the work. The important point is that the decision should be informed, rather than based on an incomplete picture.

The Mandatory Disclosure Form

Under South Africa’s Property Practitioners Act, a property practitioner may not accept a mandate without obtaining a completed and signed Mandatory Disclosure Form from the seller. That form must also be made available to a prospective buyer who intends to make an offer.

Sellers should treat it as a meaningful part of the transaction, not routine paperwork to complete in a hurry. Known concerns may include damp, leaks, structural defects, flooding, boundary disputes, encroachments and issues involving alterations or additions.

Descriptions should be clear enough to be useful. “Previously repaired” may leave important questions unanswered if a problem has returned. Where available, supporting information such as repair invoices, reports or relevant correspondence can help explain the history.

If an answer is uncertain, that uncertainty should be made clear rather than replaced with an unsupported assurance. Sellers should ask for guidance where necessary.

The form is not a guarantee

A completed disclosure form does not certify that a property is defect-free. Nor does it replace an independent inspection or the buyer’s own enquiries.

There is a difference between a known problem that was withheld and a defect that genuinely had not been identified. Discovering something after transfer does not, on its own, establish that the seller or agent knew about it.

Equally, an agent should not ignore information that contradicts the impression being given to a buyer. Where a concern emerges, it should be addressed rather than brushed aside.

For buyers, the practical lesson is to read the form carefully, ask follow-up questions and consider an independent inspection before committing. If an answer will influence your decision to buy, ask for it in writing.

Disclosure beyond the front door

Not every concern fits neatly into a description of the building. Serious ongoing noise, for example, can affect how comfortably someone lives in a home.

An agent cannot guarantee that neighbours will never change, that an area will always remain quiet or that a buyer will enjoy every aspect of living there. Personal expectations also differ: what one household finds tolerable may be disruptive to another.

However, that uncertainty is not a licence to mislead. If a buyer asks specifically about noise, neighbours, safety or another material aspect of living at the property, an agent should not knowingly give a false or misleading answer to secure a sale.

A responsible answer distinguishes between what is known, what has been reported and what cannot be confirmed. It should also avoid presenting rumour or personal opinion as established fact.

Ask questions that reflect how you live

Buyers should make their priorities explicit. Rather than asking only whether a property is “quiet”, explain whether you work from home, sleep during the day or are particularly sensitive to evening noise.

Where practical, visit at different times and make enquiries about nearby activities relevant to your needs. Ask about visible repairs, signs of moisture and any discrepancies between the property and the documentation provided.

These steps do not excuse dishonest representations. They help buyers assess suitability and identify questions that a single viewing may not reveal.

When an uncomfortable conversation is necessary

For us, representing a seller includes having honest conversations about information that could affect a buyer’s decision.

If an owner expects a known issue to be concealed or minimised, we need to address that directly. We cannot in good conscience help create an impression we know is misleading.

Clear disclosure protects the integrity of the transaction. It gives buyers a sounder basis for their decisions and reduces the risk of disputes over what was said.

What if you believe information was withheld?

Keep the disclosure form, sale agreement, marketing material, messages, photographs and relevant reports. Write down what you asked, what you were told and when the issue became apparent.

Seek legal advice about your circumstances before assuming that compensation or cancellation is available. A professional-conduct complaint and a contractual claim are different processes.

If you believe a property practitioner failed in their legal or professional obligations, you can lodge a formal complaint with the Property Practitioners Regulatory Authority (PPRA). ☎️ PPRA Call Centre: 087 742 0000 🏢 Cape Town: Sable Square, 2nd Floor, Block D, Cnr Bosmansdam & Ratanga Road, Century City, Milnerton.

If you are preparing to sell or have questions about disclosure before buying in Greyton, contact Christoff Coetzer on +27 82 361 5490 or Marinda van Jaarsveld on +27 72 836 6615 at Meridian Realty. We are happy to talk through the practical questions and help identify where specialist advice may be needed.