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Lake Properties, Cape Town is a young and dynamic real estate agency located in Wynberg, Cape Town. We offer efficient and reliable service in the buying and selling of residential and commercial properties and vacant land in the Southern Suburbs including Bergvliet,Athlone,Claremont,Constantia,Diepriver,Heathfield,Kenilworth,Kenwyn,Kreupelbosch, Meadowridge,Mowbray,Newlands,Obervatory,Pinelands,Plumstead,Rondebosch, Rosebank, Tokia,Rondebosch East, Penlyn Estate, Lansdowne, Wynberg, Grassy Park, Steenberg, Retreat and surrounding areas . We also manage rental properties and secure suitably qualified tenants for property owners. Another growing extension to our portfolio of services is to find qualified buyers for business owners who want to sell businesses especially cafes, supermarkets and service stations. At Lake Properties we value our relationships with clients and aim to provide excellent service with integrity and professionalism, always acting in the best interest of both buyer and seller. Our rates are competitive without compromising quality and service. For our clients we do valuations at no charge

Why you must not make verbal agreements when buying a house


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Here's an in-depth explanation of why verbal agreements should be avoided when buying a house, especially in South Africa, and the risks involved:


πŸ›‘ Why You Must Not Make Verbal Agreements When Buying a House

Buying a house is one of the biggest financial decisions you'll ever make. That’s why every part of the process must be done legally, clearly, and in writing. Here's a breakdown of why verbal agreements are dangerous and should be avoided:


1. πŸ“œ Verbal Agreements Are Not Legally Binding in South Africa

According to the Alienation of Land Act 68 of 1981, any agreement for the sale of land or property must be in writing and signed by both the buyer and the seller. If it's not in writing:

  • It has no legal standing.
  • Courts will not enforce it.
  • You cannot use it as evidence if a dispute arises.

✅ Example: If the seller verbally agrees to include a stove or pay for repairs but this is not written in the Offer to Purchase (OTP), they can refuse later, and legally you can do nothing about it.


2. πŸ“‰ No Legal Protection for Either Party

Verbal agreements offer no legal recourse if:

  • The seller changes the price.
  • The buyer delays payment.
  • A party withdraws from the deal.

Only the written Offer to Purchase (OTP) is enforceable. If it’s not in that document, it legally doesn’t exist—even if it was promised.


3. 🀷‍♂️ Disputes and Misunderstandings Are Common

People often:

  • Misremember details.
  • Misinterpret what was said.
  • Fail to agree on key terms like occupation date, fixtures, or repairs.

Verbal communication can’t prevent or resolve these misunderstandings. Written terms, however, are clear, signed, and final.

⚠️ Imagine the seller saying: “You can move in early, no problem.” If they change their mind later, and it’s not in writing, you’ll have no right to occupy the property before transfer.


4. πŸ›️ Courts Require Written Evidence

If a dispute goes to court, a verbal agreement is:

  • Extremely hard to prove.
  • Usually ignored unless you have a witness or recorded conversation (which may not even be admissible).

Without a signed document, your case is weak—even if you're telling the truth.


5. πŸ’Έ Financial Losses and Delays

Verbal agreements can lead to:

  • Delays in transfer.
  • Unexpected costs if promises weren’t honored (e.g. repairs, inclusion of furniture).
  • Losing your deposit if the deal falls apart.
  • Being stuck in a bad deal with no legal way out.

πŸ’‘ A buyer once relied on a seller’s verbal promise that the roof would be fixed. On transfer day, the roof wasn’t touched, and the buyer had to pay out-of-pocket because it wasn’t part of the written agreement.


6. 🏦 Banks, Conveyancers, and Agents Ignore Verbal Agreements

  • The bank only recognizes the signed OTP to approve your bond.
  • The conveyancer (transferring attorney) will follow only what is in the written contract.
  • If you say, “But the seller promised me...” it won’t matter unless it’s in writing and signed.

✅ What You Should Do Instead:

  1. Put everything in writing, no matter how small.
  2. If a verbal discussion results in a new agreement, update the OTP or sign an addendum.
  3. Always use a qualified estate agent or property lawyer to formalize the terms.
  4. Don’t sign or rely on anything informal, like WhatsApp messages or handshakes.
  5. Ask for a written clause for anything promised—like early occupation, fixtures, or repairs.

✅ Conclusion

In real estate, verbal means nothing. To protect yourself legally and financially, get everything in writing and insist that all agreements, no matter how small, are included in the signed Offer to Purchase.

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