What You Are Actually Selling When You Sell A House episode artwork

EPISODE · Jun 18, 2026 · 15 MIN

What You Are Actually Selling When You Sell A House

from The Orion Law Podcast · host Orion Law

Most people don't actually know what they're selling when they sell a house, or what they're inheriting when they buy one. And when there's a hidden defect, the courts can hold the wrong person responsible. Karien Hunter, property lawyer and conveyancer at Orion Law, walks through what's actually changing hands at the dotted line.In this episode of the Orion Law Podcast, Luke sits down with Karien Hunter, Property Lawyer and Conveyancer at Orion Law, to break down what every seller and buyer needs to know before signing an offer to purchase.What you'll learn:• What "property" actually means in law and why it matters for the agreement you're signing• The tree-roots rule: what attaches to the land becomes part of the sale• The seller's declaration: what to disclose, what to leave out, and what happens if you get it wrong• Voetstoots, the "as is, buyer beware" rule that puts real responsibility on every buyer• How the courts handle hidden defects and dishonest sellers• The buyer's checklist for viewing dayResources mentioned:• Sole mandate template: ⁠⁠https://orionlaw.co.za/contracts/sole-exclusive-mandate-agent⁠⁠ • Exclusive mandate template: ⁠⁠https://orionlaw.co.za/contracts/sole-exclusive-mandate-agent⁠⁠ • Open mandate template: ⁠⁠https://orionlaw.co.za/contracts/open-mandate-agent⁠⁠ • Seller's declaration template: ⁠⁠https://orionlaw.co.za/⁠⁠ • Offer to Purchase with agent: https://orionlaw.co.za/contracts/offer-to-purchase-with-agent • Offer to Purchase without agent: https://orionlaw.co.za/contracts/residential-sale-offer-to-purchase-no-agent About Orion LawOrion Law is your guiding light for clear, commercial-grade legal thinking. Founded by property and commercial law specialist Karien Hunter. Browse downloadable contracts and document review services from R250 at orionlaw.co.za.Watch the full episode on YouTube: ⁠⁠⁠youtube.com/@orion_law⁠⁠⁠Follow on ⁠⁠⁠LinkedIn ⁠⁠⁠and ⁠⁠⁠Instagram⁠⁠⁠Disclaimer: This podcast is for general information only and does not constitute legal advice.

Episode metadata supplied by the publisher feed · Published Jun 18, 2026

Most people don't actually know what they're selling when they sell a house, or what they're inheriting when they buy one. And when there's a hidden defect, the courts can hold the wrong person responsible. Karien Hunter, property lawyer and conveyancer at Orion Law, walks through what's actually changing hands at the dotted line.In this episode of the Orion Law Podcast, Luke sits down with Karien Hunter, Property Lawyer and Conveyancer at Orion Law, to break down what every seller and buyer needs to know before signing an offer to purchase.What you'll learn:• What "property" actually means in law and why it matters for the agreement you're signing• The tree-roots rule: what attaches to the land becomes part of the sale• The seller's declaration: what to disclose, what to leave out, and what happens if you get it wrong• Voetstoots, the "as is, buyer beware" rule that puts real responsibility on every buyer• How the courts handle hidden defects and dishonest sellers• The buyer's checklist for viewing dayResources mentioned:• Sole mandate template: ⁠⁠https://orionlaw.co.za/contracts/sole-exclusive-mandate-agent⁠⁠ • Exclusive mandate template: ⁠⁠https://orionlaw.co.za/contracts/sole-exclusive-mandate-agent⁠⁠ • Open mandate template: ⁠⁠https://orionlaw.co.za/contracts/open-mandate-agent⁠⁠ • Seller's declaration template: ⁠⁠https://orionlaw.co.za/⁠⁠ • Offer to Purchase with agent: https://orionlaw.co.za/contracts/offer-to-purchase-with-agent • Offer to Purchase without agent: https://orionlaw.co.za/contracts/residential-sale-offer-to-purchase-no-agent About Orion LawOrion Law is your guiding light for clear, commercial-grade legal thinking. Founded by property and commercial law specialist Karien Hunter. Browse downloadable contracts and document review services from R250 at orionlaw.co.za.Watch the full episode on YouTube: ⁠⁠⁠youtube.com/@orion_law⁠⁠⁠Follow on ⁠⁠⁠LinkedIn ⁠⁠⁠and ⁠⁠⁠Instagram⁠⁠⁠Disclaimer: This podcast is for general information only and does not constitute legal advice.

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Most people don't actually know what they're selling when they sell a house, or what they're inheriting when they buy one. And when there's a hidden defect, the courts can hold the wrong person responsible. Karien Hunter, property lawyer and...

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