Buyers Beware: Knowing Your Rights in South African Property Transactions

Buying or selling property is one of the most significant transactions most people will ever undertake. Yet too often, there is a disconnect between buyers, sellers, agents, and conveyancers, leading to uncertainty, disputes, or unnecessary delays.

At Akoodie Co. Legal Services & Consulting, we assist buyers, sellers, agents, and institutions with property consulting services that aim to reduce these risks. By focusing on independent due diligence, contract review, and compliance support, we help ensure that transactions proceed smoothly and fairly for all parties.

While our work often centres on assisting sellers and agents, protecting buyers from pitfalls such as hidden defects, unclear contracts, or misleading advertising benefits both parties because sellers and agents also benefit from agreements that are clear, enforceable, and less likely to give rise to disputes.

The Voetstoots Clause: A Hidden Risk for Buyers

One of the most misunderstood aspects of South African property law is the voetstoots clause. This provision, present in most sale agreements, means that a property is sold “as is”, including any defects that may exist, unless the seller deliberately conceals them.

For a buyer unfamiliar with the concept, the risks are obvious. Without careful review and negotiation, buyers may unknowingly waive their right to claim for hidden defects after transfer.

Case Study 1: The Foreign National Buyer

We recently assisted a foreign national buyer who faced multiple challenges in a property transaction. Beyond being unaware of the voetstoots clause, they were unfamiliar with the South African conveyancing process itself, having been first-time buyers in the country.

The seller, entangled in divorce proceedings, attempted to take advantage by failing to provide required Certificates of Compliance ("COCs"). The conveyancers, who apparently had a close relationship with the estate agent were viewed as somewhat acting in the seller’s interests.

Meanwhile, the buyer was incurring serious costs. Their lease was ending, and with delayed lodgement and a transfer date not materialising, they faced the prospect of paying for a new rental while still committed to purchasing the property.

By stepping in, we explained the purchaser's rights to them which allowed for ensured compliance, pressing for the delivery of COCs, and holding the seller accountable. Without this intervention, it is likely that the buyer would have been left exposed, out of pocket, and with limited recourse.

Lesson: Buyers obtaining representation, provides them with leverage and protection in transactions where the process could otherwise be stacked against them.

Case Study 2: The Lost View

In another matter, a buyer purchased property based on marketing that highlighted a panoramic view, the selling point of the home. What the advertising did not disclose was that a new development had already been approved by the municipality which would materially block that view once constructed.

The buyer stood to lose not only the view but also a significant portion of the property’s value. Through our guidance, the buyer asserted their rights against misleading advertising and explored their remedies under consumer protection and property law. Whilst the transfer still passed, the buyer was able to recoup some of the funds that they had spent, in hopes of purchasing the property for the sake of the view.

Lesson: Buyers must go beyond the marketing material and ensure proper due diligence is conducted before committing to a purchase, especially in high-value transactions.

Why Independent Due Diligence Matters

These examples highlight why buyers also need independent advice and support:

• Contract review and negotiation: ensuring sale agreements are clear, balanced, and protect the buyer.

• Due diligence: verifying title deeds, licences, municipal approvals, and development restrictions.

• Buyer-focused support: acting in the buyer’s interests where estate agents and conveyancers primarily represent the seller.

• Clarity for foreign nationals: guiding those new to the South African legal framework on voetstoots, conveyancing, tax, and property compliance.

Buyer Rights in South African Property Law

• Buyers are entitled to receive COCs (electrical, water, gas, etc.) from the seller as well as prompt lodgement and registration of their properties, where their obligations have been duly fulfilled.

• Buyers may challenge misrepresentation in advertising where material facts (like approved developments) were withheld.

• Buyers may negotiate or challenge the voetstoots clause in certain circumstances.

• Buyers can and should seek independent legal consulting to ensure agreements and conditions are understood before making making an offer.

  
  

Conclusion

Buying property in South Africa is not just a financial transaction, it is a legal process with significant implications if not handled carefully. Whether you are a foreign national entering the market for the first time or a local buyer navigating complex conditions, independent legal consulting can be the difference between a smooth purchase and a costly mistake.

Whether you are a purchaser, seller or agent, at Akoodie Co., we provide contract review, due diligence, and buyer-focused property support, ensuring that every step of the process is transparent, fair, and aligned with your rights.