South African property sellers are under pressure, whether it’s adjusting to the current economic climate, securing serious buyers, or simply trying to get a fair price. But according to Antonie Goosen, principal and founder of Meridian Realty, one of the most overlooked risks sellers face is failing to properly manage the legal side of the transaction.
READ: Exploring property transactions: an A-Z guide
“Selling a home is a legal process as much as it is a financial one,” says Goosen. “Too often, sellers focus on the price and overlook important obligations or disclosures that could cost them dearly later on.”
One of the biggest legal risks is failing to declare known defects in the property. “Sellers are legally required to disclose all patent and latent defects they are aware of – from a leaky roof to faulty wiring or rising damp,” explains Goosen.
While many property sales include a “voetstoots” clause, which means the buyer purchases the property ‘as is’, this doesn’t protect the seller if they knowingly conceal a serious issue. “If it’s proven that you were aware of a problem and didn’t disclose it with the intent to defraud purchasers, you may be held liable for damages, even after the property has been transferred.”
READ: Ace a property sale in any market with these 7 tips
Sellers should ensure that the transferring attorney that they nominate is reputable and experienced. “A slow or inefficient conveyancer can delay the transfer process, create stress for all parties, and even jeopardise the sale,” warns Goosen. Some buyers may try to include clauses whereby they nominate the conveyancer. This is not something I would recommend to Sellers as it may also lead to frustrations and delays in the transfer process. “An experienced estate agent will work closely with the conveyancer to make sure the paperwork, compliance certificates, and transfer steps are all on track.”
Sellers are legally required to provide a range of compliance certificates, including electrical, plumbing (in Cape Town), gas, beetle (in some coastal areas), and electric fence certificates (if applicable).
“These documents can take time to secure and sometimes involve remedial work,” says Goosen. “Waiting until the last minute can delay the transfer or cause unnecessary tension with the buyer. We always recommend our sellers get a head start on this early in the process.”
Many sellers aren’t aware that their agreement with their estate agent, known as the mandate, is legally binding. “If you sign a sole or exclusive mandate, you may be liable for commission even if you sell the property to someone outside of the agent’s network,” explains Goosen.
READ: The role of property agents in effective home staging
He says it’s crucial to understand the terms of your mandate before signing and to ask questions about notice periods, marketing responsibilities, and commission structures. “A transparent agreement benefits both parties and prevents disputes down the line.”
If the property you’re selling is not your primary residence, or exceeds the R2 million exclusion threshold, you may be liable for capital gains tax. “Some sellers only realise this when the SARS bill lands,” says Goosen. He advises consulting with a tax practitioner or asking your agent to explain potential tax consequences upfront. “Understanding the true financial outcome of the sale, including fees, bond cancellation costs, and taxes, is essential.”
Goosen’s top tip for avoiding legal missteps? “Work with a professional, full-status estate agent who knows the process inside out,” he says. “They’ll guide you through the legalities, help you avoid common traps, and protect your interests throughout.”
“In today’s market, you can’t afford legal mistakes. The right advice at the right time makes all the difference.”
Quay1 International Realty on how to turn things around.
READ: Selling: How to attract buyers for your home in 2025
Overpricing
In today’s market, if your home isn’t selling, it’s likely that buyers don’t see value at your current asking price. Studies show that listings receive the most attention in the first two weeks—so it’s crucial to price it right from the start.
Location Challenges
The location of your home may be a limiting factor. For instance, properties on busy roads often attract fewer buyers. While you can’t change the location, pricing and presentation can help mitigate the impact.
Condition of the Property
Homes that need significant repairs or updates tend to attract fewer buyers. Many buyers aren't looking for a renovation project—so be sure your asking price reflects the current condition of the property.
Poor-Quality Photography
First impressions count. High-quality, well-lit professional photos are essential in grabbing buyer attention. Poor imagery can deter potential buyers before they even schedule a viewing.
Weak Marketing
A strong marketing strategy ensures your home reaches the right audience. Avoid overexposing your property by listing with too many agents, which can make you appear desperate to sell.
Presentation Matters
A well-presented home helps buyers envision themselves living there. Clear the clutter, stage appropriately, and maintain the home in top condition for both photos and in-person viewings.
Want all the latest property news and curated hot property listings sent directly to your inbox? Register for Property24’s Hot Properties, Lifestyle and Weekly Property Trends newsletters or follow us on Twitter, Instagram or Facebook.
