Somerset West couple sues estate agency and seller over severe property defects in Cape High Court
Image: Supplied
A couple from Heldervue, Somerset West, are pursuing a R620 000 claim in the Cape High Court against the seller of their home and Pam Golding Properties, after discovering severe structural defects that rendered their house unsafe and unfit for occupation.
Antoné van Heerden and Schalk Pienaar bought the property in October 2017 for R1.6 million. During the viewing, an estate agent from Pam Golding Properties, reassured them the home only needed 'a little bit of tender loving care and a fresh coat of paint.'
The agent also allegedly dismissed visible cracks in the walls as 'regular hairline settlement cracks which were normal for properties of that age,' assuring them, 'This house has stood for 27 years and is going nowhere.'
However, after moving in and commissioning a structural engineer's report, the couple found a very different reality. Several interior walls were 'hanging in the air,' unsupported and unattached to the floor. The main bedroom was deemed so unsafe that the engineer, Albert Coetzee, said he 'would not sleep in it because its collapse was possible.'
The report revealed the foundations were inadequately compacted, the floor slab was uneven and much thinner than building standards require, and the foundations of both the house and garage sagged. Some of the foundations stopped short of the full external size of the house, with parts protruding above ground.
Coetzee stated the house and garage were not constructed in accordance with national building regulations and failed to comply with approved building plans. The defects should have been noticeable to the seller within five to seven years of occupancy, yet neither the seller nor Pam Golding Properties disclosed these issues.
At the time of viewing, the house was cluttered and carpeted wall-to-wall, obscuring visible defects. Despite the couple's requests to lift the carpets, the seller's sister and conveyancer prevented them from doing so prior to transfer.
The plaintiffs' attorney, Trudie Broekmann, a specialist consumer attorney based in Cape Town, said the 'severe defects rendered the property hazardous and unfit for occupation in breach of various sections of the Consumer Protection Act.'
This is the bedroom in 2018
Image: Supplied
The couple incurred over R600 000 in repair costs, paid nearly R20 000 for furniture storage, and had to secure alternative accommodation for a year while remedial work was done.
Gerhard van der Merwe, senior associate at Trudie Broekmann Attorneys, explained the legal basis for the claim: 'In terms of section 55 and 56(2) of the Consumer Protection Act, the plaintiffs have a right to receive goods that are reasonably suitable for the purposes for which they are generally intended, are of good quality, in good working order and free of any defects.'
Estate agents, he added, 'are required to desist from making any statements where they do not have a reasonable ground for believing the statement to be true.' Van der Merwe said the defendants had asserted the property was fit for immediate occupation and use, which was not the case.
Defective buildings in South Africa have recently provoked public outrage, notably after a five-storey building collapsed in George in May 2024, killing 34 construction workers. Public Works Minister Dean Macpherson attributed that tragedy to 'multiple failures including the use of substandard materials, structural cracks, and visible gaps.
In response to the allegations made by the claimants, Pam Golding Properties stated:
'Eight years after purchasing the property, the claimants – now residing in the Republic of China – attempted to amend their original legal claim to include alleged misrepresentation by Pam Golding Properties. On 28 July 2025, the Honourable Court refused the application, finding that it had no prospects of success and was not brought in good faith.'
Pam Golding further added: 'The Court expressed dissatisfaction with the conduct of Trudie Broekman Attorneys for trying to introduce the allegation so late without any explanation for the delay.
'The Court's decision recognised that the claimants were opportunistic in attempting to hold Pam Golding Properties liable for repairs on a property they knowingly purchased in need of remedial work, at a substantially reduced price.'
They said the Judge ordered the claimants to pay Pam Golding Properties' costs related to the amendment application, as well as both defendants' wasted costs from the postponed trial.'
Pam Golding Properties further strongly rejected the allegations, calling their legal action 'without merit' and defending its conduct during the 2017 property sale.
In a detailed response, the company said the purchasers bought the property for R1.6 million, a price significantly below market value, with full knowledge of its condition.
The slabs in the dining area allegedly had varying thickness
Image: Supplied
'The advertisement clearly showed the dwelling had serious defects and required remedial work,' said the agency.
'The purchasers were advised that the value lay in the stand itself and its development potential, not the structure.'
Pam Golding Properties explained that the sale was not subject to the Consumer Protection Act (CPA), as the seller was a private individual and not selling in the ordinary course of business.
'Pam Golding Properties did not sell any goods or render services to the claimants. We acted as the seller's agent and received no compensation from the purchasers,' said Willem van Heerden of Van Wyk Van Heerden Attorneys, representing the company.
The firm said all known and visible defects were disclosed, and the property was marketed transparently.
'Our advertising materials included photographs and stated that the home required extensive remedial work. There was no misrepresentation,' it said, adding that even an expert close to the deceased seller had not detected any structural problems.
Pam Golding Properties also highlighted that the bank granted a bond exceeding the purchase price by R400,000, further affirming the property's value and that the purchasers took early occupation and never raised any issues with the agency at the time.
The agency further criticised the timing of the claimants' attempt to amend their case.
They explained the misrepresentation claim was only introduced eight years later, shortly before the July 2025 trial, and was dismissed by the court, which found the application lacked prospects of success and was made in bad faith.
'We remain committed to ethical practice and full compliance with property legislation, including the Property Practitioners Act,' Pam Golding Properties said.
'Our disclosure protocols were updated in 2022 when the new law took effect, and we continue to uphold the highest standards in all transactions.'
[email protected]
Weekend Argus
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The South African
11 hours ago
- The South African
Woman attempts suicide as loan shark increases interest to 400%
A woman attempted suicide in KwaZulu-Natal, Phoenix on Monday, 11 August 2025, after a loan shark unexpectedly increased the interest rate. Initially, the interest rate was 50%; however, the loan shark increased it to 400%. They demanded R100 000 in payback for a R20 000 loan. According to Reaction Unit South Africa (RUSA), the woman's family mentioned that the loan shark changed the interest rate to 400% after seeing that the debt was almost settled. After the woman resisted paying the high interest, the loan shark threatened to send a group of men to repossess her car if the money was not paid. Feeling scared, the woman borrowed smaller amounts of money to pay the loan shark as he continued making demands. The woman called family members and informed them that she intended to jump off a bridge because she had become overwhelmed with debt. She then requested her family to take care of her child. RUSA Spokesperson Prem Balram said that they informed the family about the next steps they need to take to get help for the woman. A suspect was arrested in Verulam, KZN on Tuesday, 12 August 2025, after attacking a family with a knife. The 36-year-old male suspect entered a property on Aslaam Road in Riyadh with intentions to rob the residence. Two family members were having tea in their yard when they suddenly noticed the suspect approaching them. 'The 78-year-old woman and her male domestic worker fled into the house, followed by the suspect. The robber produced a knife and attempted to steal the metal payer statue, but was confronted by a 54-year-old male who exited the bedroom. He stabbed the victim on his hand and fled empty-handed,' said RUSA. The suspect was later caught on Russom Street. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
Eyewitness News
12 hours ago
- Eyewitness News
Joshlin Smith trial: Lourencia Lombaard, 2 co-accused apply for leave to appeal conviction, sentences
CAPE TOWN – A mother and two others convicted of selling her daughter are applying for leave to appeal their convictions and sentences. Kelly Smith, her boyfriend, Jacquen Appollis and his friend Steveno van Rhyn were handed life sentences for human trafficking in May. This is after the court accepted the State's version, that then six-year-old Joshlin Smith was sold to a sangoma in Saldanha Bay in February last year. ALSO READ: Joshlin Smith: Former accused-turned-State witness Lourencia Lombaard returned to the dock The girl is still missing. The matter was adjourned for the day and continues in the Western Cape High Court on Wednesday. Meanwhile, former accused-turned-State witness, Lourencia Lombaard, was also in court to hear the argument around whether she should be granted indemnity. Lombaard had testified to witnessing Smith sell the child for R20,000 in February 2024. The National Prosecuting Authority's Eric Ntabazalila explained: 'We can confirm that arguments began this morning in the application for leave to appeal involving the accused in the Joshlin Smith matter, as well as the Section 204 witness issue involving Ms Lourencia Lombaard. The case has been postponed to tomorrow morning [Wednesday] and judgement is expected to be delivered tomorrow morning on both matters."
The Citizen
12 hours ago
- The Citizen
Bail appeal dismissed for alleged Durban drug dealer accused of bribing survivor
The suspect fatally wounded his former employee and injured another, who survived the shooting. An Durban alleged drug dealer has suffered another setback after his appeal challenging the denial of his release on bail was dismissed. Shirwin Nowtham will remain in custody until his trial begins after his application for leave to appeal was rejected by the KwaZulu-Natal (KZN) High Court. Nowtham was charged with murder and attempted murder in connection with a shooting that took place a year ago. Durban drug dealer 'shoots' his employees It is alleged that on 29 August 2024, Nowtham fatally shot his former employee and wounded another, who survived being shot with a shotgun. The survivor and the deceased had previously worked for Nowtham selling drugs. On the day of the shooting, Nowtham and a man named Stephen arrived in a grey VW Polo and picked them up for another job. At some point, the two victims were forced out of the vehicle, and Nowtham allegedly opened fire on them. ALSO READ: Crime Intelligence CFO, co-accused granted bail in burglary cover-up Nowtham was arrested on 14 September. He was refused bail by the Verulam Magistrate's Court on 4 October. Rather than appealing that ruling immediately, Nowtham later renewed his bail application, citing new evidence. In his application, the accused referred to his son's ongoing illness, his own hypertension, and the survivor's retraction of the claim that he was the shooter. Survivior's statements The survivor had initially made a statement three days before Nowtham's arrest and then a second one on 18 November. In the second statement made to a police officer, the victim confirmed Nowtham had shot him and also claimed that the suspect bribed him during a prison phone call to change his testimony, paying him R5 000 and promised an additional R20 000 to drop the charges. Despite this, the survivor maintained that he did not want to withdraw the charges. On 25 November, attorney Mondli Mthethwa filed an affidavit stating that the survivor, accompanied by two men, approached him wanting to declare that Nowtham was not the shooter. READ MORE: 'Why were alarm bells not sounded sooner?' – Jayden-Lee Meek's mother denied bail The survivor explained that he had first approached the police but was told they did not want to take his statement. The victim then gave a further statement to another attorney, Ivy Mukweka, in January this year in which he claimed that Stephen, not Nowtham, was responsible for the shooting. Nowtham contended that these developments weakened the prosecution's case and amounted to new facts warranting his release on bail. The bail application was, however, denied on 14 March, leading Nowtham to appeal to the high court. High Court judgment In his ruling, Judge Robin Mossop acknowleged that there is 'substantial uncertainty' about the survivor's definitive version of events. He highlighted the state's argument that other evidence, which Nowtham had not focused on, pointed to his involvement. One such fact was that the deceased did not die immediately, and reportedly told a security guard that Nowtham was the shooter. 'That dying declaration was heard by a security guard who, alerted by the sound of the shooting, proceeded to the scene where he found the injured survivor and the dying deceased,' Mossop said. READ MORE: Likely to destroy evidence: Accused's bail bid rejected in Ditebogo Phalane murder case The judge also referenced evidence linking Nowtham with the crime through the grey Polo. 'The security guard apparently stated that he had observed a grey Polo motor vehicle with CY registration plates leaving the scene. 'Immediately after the shootings, the motor vehicle was returned to the dealer who had sold it to the appellant, and it was apparently swapped for another motor vehicle. Why this strange turn of events occurred was not explained by the appellant.' Mossop further pointed out that telephone tower evidence placed Nowtham's phone near the shooting location. He said the Verulam Magistrate's Court gave a 'reasoned judgment' on the bail application based on the new facts. 'Extremely strange' According to Mossop, the only potentially new fact was the sequence of affidavits from the survivor. 'Objectively speaking, the circumstances under which the affidavits that purported to exonerate the appellant came into existence are extremely strange. 'The survivor described himself in the affidavit drafted for him by Ms Mukweka as being an adult unemployed and unmarried male,' the judgment reads. 'In addition, he was apparently a person who had to be given a handout to purchase groceries, yet he was prepared to consult with two different private attorneys to prepare two statements. 'Why did he consult private attorneys? Where did he get the money to do this from? 'Why did he simply not report what he wished to say to the investigating officer and thereby avoid the cost that he must indubitably have incurred consulting with private attorneys? 'I do not accept, as allegedly stated by the survivor and as previously mentioned, that the Saps refused to take his statement. The answers to these questions are not immediately obvious,' Mossop continued. Nowtham's appeal was consequently dismissed as evidence showed his ability to interfere with state witnesses. NOW READ: Cop and prosecutor get bail in R1.6 million extortion case
