Smart Questions to Ask Your Estate Agent in South Africa Before Buying a Property

Buying a property is one of the biggest financial commitments most of us will ever make. It’s exciting — but also stressful. Whether it’s your first home or an investment property, the key to making the right decision often comes down to the questions you ask your estate agent.

Phil Spencer, a UK property expert, recently shared his golden rules for dealing with estate agents. While his advice was aimed at the UK market, many of the principles apply directly to South Africa — with a few important local twists.

Here are the questions you should always ask an estate agent in South Africa.

1. How long has the property been on the market?

If a property has been sitting for months without selling, that may signal that the asking price is too high, or there are issues with the property that you need to investigate.

In South Africa, estate agents must disclose “material facts” about a property under the Consumer Protection Act. If the delay is due to structural concerns or legal issues (like zoning or servitude disputes), this must be revealed.

2. Why is the seller moving?

Understanding the seller’s motivation is critical. Are they relocating urgently? Downsizing? Under financial pressure?

In some cases, this information can give you more room to negotiate on price or terms. For example, a seller under time pressure may be willing to accept a lower offer to secure a quick sale.

3. Have there been any other offers?

Estate agents in South Africa are bound by the Property Practitioners Act, which replaces the Estate Agency Affairs Act, and the Code of Conduct for Estate Agents, now known as Property Practitioners. They must be truthful when asked about competing offers, though they cannot disclose the amounts.

Knowing whether there are other buyers at the table helps you judge how aggressively to negotiate — or whether to walk away.

Local due diligence is essential

In addition to these questions, South African buyers should take extra steps:

Ask for the title deed – to confirm ownership and check for restrictions.
Check municipal accounts – to ensure rates, taxes and utilities are up to date.
Inspect zoning and servitudes – to avoid unpleasant surprises about how the property can be used.
Budget for transfer costs – transfer duty, bond registration, and conveyancing fees can add significantly to your budget.

Why legal support matters

A good estate agent is important, but remember: they act for the seller. In South Africa, the seller usually appoints the conveyancer. This is long-standing practice because the seller carries the risk until transfer is complete. While the buyer pays the transfer costs, the conveyancer’s duty is to ensure a lawful transfer of ownership. Buyers may, however, appoint their own attorney to provide independent advice and oversight, ensuring their rights are properly protected throughout the process.

FAQs: Buying Property in South Africa

Who chooses the conveyancer?

In South Africa, the seller appoints the conveyancer. This is long-standing practice because the seller carries the risk until transfer is complete. While the buyer pays the transfer costs, the conveyancer’s duty is to ensure a lawful transfer of ownership. Buyers may, however, appoint their own attorney to advise them and oversee the process.

What happens if I find defects after purchase?

If defects were deliberately hidden, you may have a claim under the Consumer Protection Act or by challenging the voetstoots clause. Whether you succeed depends on whether the defect was latent and whether the seller knew about it.

What costs should I budget for beyond the purchase price?

In addition to the property price, budget for (this is not an exhaustive list):
- Transfer duty (unless exempt)
- Transfer fees (paid to the conveyancer)
- Bond registration fees (if financed with a bank)

Can I withdraw from a signed Offer to Purchase?

An Offer to Purchase is legally binding. Cancelling without valid grounds may expose you to penalties or damages. Always seek advice before signing.

What protection do I have as a buyer?

The Consumer Protection Act provides protection against misrepresentation and unfair dealing, especially with estate agents. Agents must disclose all material facts and may not mislead buyers.

Sidebar: Understanding the Voetstoots Clause

Most South African property sales include a voetstoots clause, which means you buy the property “as is.” This protects the seller against claims for obvious defects that you could reasonably see during inspection.

However, the clause does not protect a seller who deliberately conceals latent defects (like a hidden leak or structural problem) or misrepresents the condition of the property.

In short:
- Visible defects → your responsibility as buyer.
- Hidden defects the seller knew about but didn’t disclose → the seller can still be held liable.

This is why thorough inspections — and legal advice — are crucial before you sign.

Final thought

Asking smart questions of your estate agent, knowing your rights, and understanding key clauses like voetstoots will help you avoid nasty surprises. With the right legal guidance from Benaters, you can buy with confidence and peace of mind.