Couple sues Pam Golding Properties over "undisclosed" structural defects

A SOMERSET couple has hauled Pam Golding Properties to court, seeking more than half a million rand in damages over structural defects to a property they purchased nearly 10 years ago. 

The amount includes R604 000 to fix undisclosed damages they found and R19 700 for storage of their furniture while remedial work was done, as well as finding alternative accommodation for a year.

They alleged that during the viewing of the house, the estate agent reassured them that the cracks in the walls of the house were regular hairline settlement cracks which were normal for properties of that age.

The prospective owners added that she told them: “This house has stood for 27 years and is going nowhere.” 

The house was sold to Antoné van Heerden and Schalk Pienaar in October 2017 for R1.6 million. 

The plaintiffs’ attorney, Trudie Broekmann, a specialist consumer attorney based in Cape Town said: “After taking occupation, the couple, after enlisting the services of a structural engineer, detected severe structural defects in the house. One of the main concerns was that several interior walls were hanging in the air, not attached to the floor. The structural engineer, Albert Coetzee, stated in his report that this was due to a problem with the compaction of the foundation."

According to Broekmann attorneys, when viewing the house, not much could be seen of it, since it was covered in clutter and had been fitted with wall-to-wall carpeting. 

They say the couple consequently asked the seller, who was present at the viewing, whether there were any defects but he also confirmed that a stoop which had come loose from the façade and a fresh coat of paint were the only issues.

The couple took occupation before the transfer went through. 

“The seller was terminally ill by then and his sister, Leigh Cowens, the first defendant in the case, reacted quite strongly to prevent the couple from removing the carpet. She said there was nothing wrong with the carpets, despite their age of approximately 20 years. The couple were then prevented by the seller’s conveyancer, from lifting the carpets prior to transfer.

“Once the property had been transferred, the carpet was pulled up and the couple were shocked to find deep cracks through the floor slab. The gaping hole underneath the wall between the kitchen and the dining room was also revealed. They subsequently discovered that the floor was not level and that the floor slab which was required to be 200mm thick was as thin as 80mm in places.

“The foundations of the property and garage sagged. The foundations stopped short of the full external size of the house and part of the foundation protruded above the ground,” the couple's lawyers said.  

Pam Golding Properties maintained that the claim was without merit and that any defects were disclosed. 

“The Property, situated in the Heldervue, Somerset West area, was bought in 2017 for R1.6 million. The stand extent is 1000sqm. The advertisement published by Pam Golding Properties clearly showed that the dwelling itself presented serious defects and required remedial work. The selling price, however, was less than that of a vacant stand in the area at the time, and the purchasers were informed that they were actually buying the potential of developing the well-positioned large stand with exceptional views.

“Mr Veldsman, an experienced sworn valuator of Urban IQ Consultants, filed a report for the court’s benefit, after having compared the transaction with various other transactions in the area at the time. Veldsman said that the value of the property, if it was to be sold as a vacant stand, was similar to what other vacant stands sold for at the time,” said Pam Golding Properties.

“All defects known to Pam Golding Properties were visible and easily recognisable to interested parties. Pam Golding Properties marketed the property as a development opportunity and disclosed all visible defects to the claimants. The purchase price reflected the need for substantial remedial works, which the claimants were aware of and accepted.”

The case is expected to continue in the Western Cape High court until Thursday.

Cape Times