What is the Voetstoots clause?

The voetstoots clause is a provision in the agreement which stipulates that the purchaser buys the property from the seller as it stands and thereby indemnifying the seller against claims for damages in respect of any defects on the property, whether patent or latent.

Can you sell something Voetstoots in South Africa?

In terms of the Consumer Protection Act the voetstoots clause will not be applicable to a property transaction where the seller is selling the property in the ordinary course of business. This will typically be applicable to developers, builders and investors.

Is Voetstoots still valid in South Africa?

Consumer Protection Act “The voetstoots clause is still very valid and applies when the seller’s ordinary course of business is not property, for instance, developers, investors or speculators,” he says.

What implication will it have when you have purchased something Voetstoots?

The effect of having a Voetstoots clause in sale of property agreements is that there can be no claims against a seller for defects (whether patent or latent), after the purchaser agrees to buy the property as it appears at the time of the sale.

What would count as undisclosed defects?

They include wall cracks, sagging gutters, broken windows, missing tiles and the like. It is a Buyer’s duty to acquaint himself with the general condition of a property on purchasing it and he cannot later claim he did not see such defects.

What is an example of a latent defect?

Examples of Latent Defects: These are defects that cannot be discovered during a reasonable inspection. They include damage inside walls (such as pipes), a leaking roof with no obvious leak marks, or electrical issues.

How long does Voetstoots last?

This warranty is valid for a period of 6 months from the date of purchase. It is thus clear from the above discussion that the traditional voetstoots clause which was valid under the common law no longer protects sellers against liability for faulty goods.

Does Voetstoots apply to latent defects?

The voetstoots clause protects the seller against all defects in the property including all latent defects which are unknown to the seller. If the seller was aware of a latent defect and deliberately concealed this from the purchaser, the purchaser will then have a right of recourse against the seller.

Are Voetstoots clauses valid?

Can a “voetstoots” clause still be valid under the new Consumer Protection Act? The answer is YES, unless you are a developer, investor or speculator.

Who is liable for a latent defect?

In these cases, the latent defects that are discovered after the product is sold are not the responsibility of the buyer. However, these defects are the responsibility of the seller or manufacturer.

Can a house be sold Voetstoots?

If a property is sold “voetstoots” the only responsibility of the seller is to disclose any latent defects of which the seller is aware. Some sellers try to hide behind a “voetstoots” clause in cases where there are serious defects.

What is a material fact that must be disclosed?

Material Fact: Any fact that could affect a reasonable person’s decision to buy, sell, or lease is considered a material fact and must be disclosed by a broker to the parties in the transaction and any interested third parties regardless of the broker’s agency role within the transaction.

What is a voetstoots clause in a house sale?

WHAT DOES VOETSTOOTS MEAN? Every sale agreement of a normal residential property (house and its usual outbuildings) will contain a voetstoots clause. The word voetstoots is the action of buying something ‘as is’, that is ‘just as it stands’ in whatever condition it is, warts and all.

What is a voetstoots?

The word voetstoots is the action of buying something ‘as is’, that is ‘just as it stands’ in whatever condition it is, warts and all.

What is a voetstoots property in New Jersey?

VOETSTOOTS. 15.1 The property is sold “voetstoots” and subject to the terms and conditions and servitudes mentioned or referred to in the current and/or prior Title Deeds and to the conditions of establishment of the Township in which it is situated and to the zoning applied to it under any Town Planning Scheme.