Somerset West couple disputes claims of hidden defects in property advertisement
A Somerset West couple has challenged claims by Pam Golding Properties that their property advertisement “made it clear that the dwelling itself presented serious defects and required remedial work,” saying the defects were hidden and only discovered after taking 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.”
Trudie Broekmann, representing the couple, responded to claims by the estate agent and their attorney that the property advertisement “made it clear that the property had serious defects and required remedial work.”
She said, “I’ve carefully re-read it and studied the photos again, and I don’t find that in the advert. The photos don’t show any visible defects.”
Broekmann explained that the couple’s claim relates to hidden defects “which were not visible during the viewing of the house, and may not have been apparent even on careful inspection… by anyone who is not a construction expert or engineer.”
She noted: “No defects list was presented to the couple one wonders why not.”
She also highlighted the viewing conditions: “They struggled to see much of the house… since it was unusually cluttered and the floor was fitted with a wall-to-wall carpet. After the house had been transferred to them they lifted the carpet and discovered the deep cracks in the floor, that the kitchen wall was floating in the air and not connected to the floor and then called in a structural engineer.”
Broekmann added: “There was not just one issue with the foundations, they were inadequate in several respects and did not comply at all with the building regulations which are there to ensure buildings are safe.”
She further addressed inaccuracies in Pam Golding’s attorney, Willem van Heerden’s comments on the procedural aspects.
“Firstly, the court did not refuse the application on 28th July, it was on 5th August. The judgment contains no wording to the effect that there were ‘no prospect of success’, ‘dissatisfaction about the conduct of Trudie Broekmann Attorneys’ or ‘that the claimants were opportunistic’.
“These statements are simply untrue, appear to have been made maliciously and amount to defamation.”
Pam Golding Properties has defended its marketing of a Somerset West property, stating that the advertisement “clearly showed that the dwelling itself presented serious defects and required remedial work.”
The agency added that the buyers took occupation before transfer, lived in the property, and never raised complaints about the alleged uneven floors or structural defects.
“All defects known to Pam Golding Properties were visible and easily recognisable to interested parties,” the agents said.
Addressing questions about whether the marketing was misleading, Pam Golding Properties insisted that it was not. “The photos in the marketing material and advertisements clearly showed serious defects and expressly noted that remedial work was required,” they said.
tracy-lynn.ruiters@inl.co.za