08/05/2026
Simplifying DISCLOSURE FORMS for every sale and rental
When the Property Practitioners Act 22 of 2019 came into effect on 1 February 2022, it changed the way every property transaction in South Africa is supposed to start. Section 67 of the Act is clear. A property practitioner may not accept a mandate from a seller or landlord unless the owner has provided a fully completed and signed Mandatory Disclosure Form, also called the Immovable Property Condition Report, beforehand. The form must then be attached to any agreement for sale or lease.
Morné Prinsloo, Residential Property Specialist RE/MAX Town and Country Roodepoort & Krugersdorp, says this applies to both sale and rental transactions. It is not optional. And for agents who treat it as a formality to get out of the way after the fact, the legal consequences are real.
What the Form Actually Requires
Prinsloo explains that the Mandatory Disclosure Form requires the owner to declare the condition of the property honestly, covering defects that are visible and easily identifiable, defects that may only become apparent later, and anything that has been deliberately concealed in the past. The owner certifies that the information is true to the best of their knowledge at the date of signature.
The form must be signed by the owner, the property practitioner, and the prospective purchaser or tenant before any offer is made. If the form was not attached to the agreement when it was signed, the law interprets the transaction as if no defects were disclosed at all. That creates a very uncomfortable legal position for the seller and for the agent. An agent who fails to comply with Section 67 may be held personally liable by an affected consumer and can face sanctions from the PPRA, including a fine of up to R15,000 per infraction.
With property condition disclosure forms now a strict requirement in both sale and rental agreements, compliance has become a central part of the transaction process. According to Antonie Goosen, principal and founder of Meridian Realty, efficiency lies in integrating disclosure into the workflow from the very beginning. “The disclosure form should never be treated as an afterthought. It needs to be completed before the property is actively marketed".
He explains that early completion reduces risk. “When sellers or landlords complete the form upfront, it ensures that all known defects are documented and disclosed to potential buyers or tenants. This protects both parties and reduces the likelihood of disputes later," he says.
Digital tools have made the process significantly easier. “Using digital platforms to complete, store, and share disclosure forms improves accuracy and accessibility. It also ensures that the latest version is always available," says Goosen.
Goosen emphasises the importance of accuracy. “Incomplete or vague disclosures can create legal exposure. Agents must guide clients to provide clear and honest information,” he says.
Consistency across transactions is also key.“Standardised processes ensure that no steps are missed. Every listing should follow the same sequence, disclosure, mandate, marketing, and offer". He adds that disclosure can also be used as a selling tool.
“A transparent property often builds greater trust with buyers. When buyers feel informed, they are more confident in proceeding," he says. Ultimately, Goosen believes that efficient disclosure management enhances professionalism.
“It is about creating a seamless process that protects all parties,” he says. “When done correctly, it strengthens the credibility of both the agent and the transaction.”
