Cracks in the Foundation: Somerset Couple Takes Pam Golding to Court Over “Hidden” Home Defects

They thought they found their dream home. Instead, they say they walked into a crumbling nightmare.

When Antoné van Heerden and Schalk Pienaar signed on the dotted line in 2017 for their Somerset West home, they believed they were stepping into a stable, solid investment. But almost a decade later, that same house has become the centre of a bitter legal battle and a painful chapter in their lives.

A House of Surprises

The couple bought the home in Heldervue for R1.6 million, reassured by the estate agent that a few visible cracks were just “normal settlement” issues for a house of its age. “This house has stood for 27 years and is going nowhere,” they were told.

But once they moved in, things quite literally began to fall apart.

Behind the wall-to-wall carpets, which they say they were discouraged from lifting, lay a disturbing reality: deep floor cracks, sagging foundations, and internal walls that weren’t even connected to the ground. In some areas, the floor slab was just 80mm thick, far from the required 200mm.

“We couldn’t believe it. It was like the house was floating,” said van Heerden.

They’ve now filed a lawsuit against Pam Golding Properties and others involved, claiming more than R600,000 in damages — covering structural repairs, temporary accommodation and furniture storage costs.

What Was (and Wasn’t) Disclosed

The plaintiffs argue that not only were the defects hidden, but they were actively misled during the viewing. The property was cluttered and carpeted, making visual inspections near impossible. The seller, who was terminally ill at the time, reportedly reassured them there were no serious problems, just a loose stoep and a fresh coat of paint.

Their attorney, Trudie Broekmann, said her clients were prevented from lifting the carpets before the transfer went through. Once the sale was finalised, they were horrified at what they found beneath.

A structural engineer later confirmed their fears: poor compaction of the foundation had caused the problems. And fixing them wouldn’t be cheap.

Pam Golding’s Defence: “You Got What You Paid For”

Pam Golding Properties is pushing back, calling the claim baseless. According to them, the defects were obvious, clearly disclosed, and reflected in the low selling price.

“The price was less than that of a vacant stand in the same area at the time,” a spokesperson said.

“Buyers were told the house needed work and were essentially buying the development potential of a prime location with great views.”

Their expert valuator claims the price was fair, based on comparisons with other properties in Heldervue.

A Bigger Conversation: Buyer Beware in South African Real Estate

This case isn’t just about one couple and one house. It taps into a broader concern in South Africa’s property market, what exactly are real estate agents obligated to disclose?

In theory, the Consumer Protection Act (CPA) is supposed to protect buyers from “voetstoots” (as-is) deals where defects are hidden or downplayed. But in practice, buyers often struggle to prove they were misled, especially when sellers are terminally ill, deceased, or difficult to hold accountable.

Social media has lit up with mixed reactions.

“Pam Golding has a duty to be upfront. Not everyone’s a structural engineer,” one Facebook user posted.

“People must stop buying houses without professional inspections. This is 2025, not 1990,” another commented on X (formerly Twitter).

So, Who’s Really Responsible?

Was this simply a buyer failing to do due diligence? Or did a leading estate agency knowingly downplay serious flaws to close a deal?

The courts will have the final say, with the Western Cape High Court hearing the case this week.

For van Heerden and Pienaar, though, the real damage has already been done, to their home, their finances, and their trust.

“We weren’t looking for a project. We were looking for a home.”

Tip for buyers: Always request a thorough structural inspection before finalising a property purchase. Don’t rely solely on agent or seller assurances, especially when the floors are covered and access is limited. Your peace of mind may depend on it.

{Source: IOL}

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