Couple wins legal battle against auctioneer over misleading property sale

In an astonishing turn of events in Lephalale, Limpopo, the couple’s dream of owning a game farm turned into a legal battle due to misleading marketing practices. Juan and Freda Scholtz placed a substantial bid for a picturesque game farm, Ba Batle, only to discover that crucial images used to promote it, including a dam with a crocodile, were not even part of the property they purchased.

The couple, lured by the allure of the supposed amenities depicted in the promotional material from Root X Africa Auctioneers CC, won the auction on June 12, 2022, with a bid of R6.6 million, backed by a hefty deposit of R660,000. They also paid an auctioneer's commission of R569,250. However, an unanticipated stark reality awaited them just days after the auction was concluded.

Navigating through the palpable excitement of their new venture, the Scholtz couple was shocked to learn that the dam, prominently featured in the bidder's pack, was situated on an adjacent property, leaving their acquired farm bereft of any such recreational feature. This misrepresentation led them to promptly cancel the transaction, requesting the return of R1.2 million, including their deposit and commission fees.

“When the shocking truth emerged, we attempted to reach out to the auctioneer, but it was as though we were talking to an empty room,” Juan lamented. “Despite repeated efforts and letters from our attorney, Root X Africa simply refused to address our concerns.”

Feeling helpless, the Scholtz couple consulted their lawyer, Trudie Broekmann, a specialist in consumer law, who sent several letters of demand, all of which yielded no response. Nearly a year passed, and with the couple still awaiting their refund, Broekmann escalated matters to the National Consumer Tribunal in Centurion. The tribunal hearing was conducted online on July 9, 2025.

In a turning tide of justice, the tribunal's decision on December 19, 2025, drew a sharp rebuke against the auctioneer. They dismissed Root X Africa Auctioneers’ claims that the misrepresentation was merely an "innocent mistake" and highlighted their obligation for transparency in the bidding process.

The tribunal articulated, “The respondent included a photograph depicting a dam in the bidders' pack which created the impression that the dam formed part of the game farm.” It pointedly stated that the failure to disclose the ownership of the dam misled the buyers into making an uninformed purchase. Freda Scholtz expressed frustration, saying, “If we had known there was no dam, we wouldn’t have signed that agreement.”

The tribunal further ruled that Root X Africa’s auction practices exhibited a blatant disregard for the Consumer Protection Act, mandating that auctioneers uphold transparency to a higher standard due to the unique nature of auction sales.

In a decisive ruling, the tribunal ordered Root X Africa Auctioneers to repay a total of R1.207 million along with interest within 30 business days, in addition to an administrative fine of R250,000. Broekmann celebrated the tribunal's decision, stating, “This judgment reinforces consumer rights and underscores that misleading marketing will not be tolerated.”

The implications of this judgement resonate well beyond the Scholtz couple; it emphasizes the crucial accountability of auctioneers and the rights of consumers in South Africa. the tribunal’s firm stance illustrates that even if misrepresentations arise from ignorance, they can still constitute a legal breach.— a precedent that may reshape the auction industry going forward.