Lied to When Buying a House? Here Are Your Rights
What happens if a property seller gives you false information just to get you to sign on the dotted line? Under South African law, you are protected if you’ve been misled—even if the contract includes a "voetstoots" clause. Depending on how badly you were misled, you might be able to cancel the deal entirely or demand your money back.
Here is a breakdown of your rights as a property buyer.
When the Facts Don’t Add Up
Buying a home or building is a massive financial step. Naturally, you trust what the seller or estate agent tells you about the property’s condition, its zoning rules, or its features.
If that information turns out to be false, the law calls it misrepresentation. It doesn’t matter if the seller lied on purpose, was careless with the facts, or made an honest mistake—you still have rights.
The Big Myth: Many buyers think that if a contract says the property is sold "voetstoots" (meaning "as is"), they have zero legal leg to stand on. That is simply not true.
What the Courts Say
South African courts have stepped in many times to protect buyers from unfair deals:
- Even "Honest Mistakes" Count: Way back in 1955 (Cockroft v Baxter), the court ruled that if a seller makes a major mistake that convinces you to buy the property, you can cancel the contract. "Voetstoots" won't save the seller if their mistake is what made you buy the place.
- The Zoning Trap: In a 2009 case (Morgan Air Cargo), a seller advertised a property as "commercial property" when it was actually zoned for farming. The court allowed the buyer to cancel the contract and get every cent back because they were tricked into the purchase.
- Opinions vs. Facts: Sellers love to say things like, "This place is a goldmine!" Usually, the law views this as just an opinion. However, if the seller is an expert and you reasonably trusted their judgment, that "opinion" can legally count as a lie if it turns out to be false (Orban v Stead, 1978).
Voetstoots is Not a Licence to Lie
Two major court cases (Castelyn v Sellick in 2016 and Hunt v Van der Westhuizen in 1990) made one thing crystal clear: A "voetstoots" clause is not a shield for dishonesty.
The "as-is" clause is only meant to cover hidden defects that the seller didn't know about and that you didn't ask about. It absolutely does not give the seller permission to feed you false information to close the deal. If they actively mislead you, the voetstoots clause becomes useless to them.
Your Two Main Options
If you were tricked into buying a property, you generally have two choices:
- Cancel the Contract (Rescission): You call off the deal, hand back the property, and get a full refund.
- Claim Damages: You keep the property but force the seller to pay you out for the financial losses or repair costs caused by their lie.
What You Should Do Next
If you think a seller or agent took you for a ride:
- Gather proof: Save every email, brochure, WhatsApp message, and note from conversations.
- Don't back down: Do not let a seller intimidate you just because the contract says "voetstoots."
South African law is on the side of fairness. If you were misled, you have the right to fix it.