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Misrepresentation by a Seller – What It Means and What Buyers Can Do
Buying a home is often the biggest investment of your life. You save, you search, you finally find “the one.” Then comes the shock: after moving in, you discover things the seller never mentioned. Damp patches hidden by paint. A roof that leaks when it rains. Or worse, a neighbour who’s been in a boundary dispute with your property for years.
It’s enough to make any buyer feel cheated. As estate agents, we’ve seen these situations before, and while they’re stressful, they’re not hopeless. If a seller misrepresented a property, you have steps you can take to protect yourself.
What Misrepresentation Actually Means
At its core, misrepresentation is when a seller gives false or misleading information about a property that influences your decision to buy.
It usually falls into three categories:
- Innocent misrepresentation – The seller genuinely didn’t know about the problem.
- Negligent misrepresentation – The seller should have known but didn’t disclose.
- Fraudulent misrepresentation – The seller knew about the issue and deliberately hid it (for example, painting over cracks, or lying about a leaking roof).
It’s the negligent and fraudulent ones that matter most, because they give you grounds to act.
So, What Can You Do If This Happens?
Here’s a step-by-step guide:
1. Don’t Panic – Assess the Damage
Not all problems are deal-breakers. A faulty tap is one thing, but rising damp or structural damage is another. Take a breath and work out how serious the issue is.
๐ Tip: Take photos and videos, and get an independent inspection or contractor report. This evidence will be important later.
2. Review Your Paperwork
Look at your Offer to Purchase and the Mandatory Disclosure Form (which sellers are now legally required to complete). If the seller said “no leaks” or “pool pump works” and that’s not true—you’ve got proof of misrepresentation.
3. Seek Professional Advice
Before you confront the seller, speak to a property attorney. They’ll explain your rights and what’s realistic: whether you can claim money back, force repairs, or in rare cases, cancel the whole deal.
4. Approach the Seller (With Backup)
Often the first move is a letter from your attorney to the seller. It’s professional, clear, and sets out what went wrong and what you want done—whether that’s a cash contribution, covering repair costs, or another solution.
๐ From an agent’s perspective: Many sellers choose to negotiate once they realise you have evidence and legal backing.
5. If Negotiations Fail, Escalate
If the seller won’t play ball, you have options:
- Claim damages – Ask for the cost of repairs or the loss in property value.
- Cancel the sale – In very serious cases, where you were completely misled, you may be able to walk away.
- Go to court – This is the last resort but sometimes necessary.
Remember: even if your contract has a voetstoots (sold “as is”) clause, it does not protect a seller who knowingly lied or hid a defect.
How Buyers Can Protect Themselves Upfront
The best way to avoid misrepresentation problems is to catch them before you sign. Here’s how:
- Don’t skip the Mandatory Disclosure Form – If it’s missing, push for it. No form, no deal.
- Get a professional home inspection – It’s worth every cent.
- Ask direct questions in writing – “Has the roof ever leaked?” “Any disputes with neighbours?” Written answers are evidence if things go wrong later.
- Check compliance certificates – Electrical is required everywhere, and plumbing in some areas (like Cape Town). Gas and electric fences also need valid certificates.
A Final Word From Lake Properties
We’ve walked this road with buyers before, and we know how stressful it feels when you realise you weren’t told the full story. But you’re not powerless. With good advice, evidence, and the right approach, you can either recover your costs or, in extreme cases, undo the deal altogether.
At Lake Properties, we always push for transparency because honesty upfront saves buyers and sellers a lot of heartache later.
๐ฌ From your perspective: If you were in this position, would you fight it legally to recover costs—or would you prefer to settle quickly with the seller and move on?
— Lake Properties
If you know of anyone who is thinking of selling or buying property, please call me
Russell
www.lakeproperties.co.za
info@lakeproperties.co.za
083 624 7129
