Page 29 - SilverLakes_Issue 1_2022
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PROPERTY NEWS
Let’s talk... UNDERSTANDING THE
VOETSTOOTS CLAUSE
his means to sell or buy a property “as What are the obligations of the The disclosure of defects does not
it stands”, or in the condition in which seller and purchaser when selling institute an obligation to the seller
Tthe property is at the time of the sale. a property? to have any repairs done in respect
The law states that a voetstoots clause of the defects, unless agreed by both
The condition of the property refers to any does not protect the seller against claims parties.
defects, latent or patent: for latent defects that the seller knew
• A latent defect is a defect that would not about and deliberately concealed from the The purchaser has the obligation to
easily be revealed by a reasonable inspection. purchaser. Sellers are required by law to inspect the property thoroughly as the
• A patent defect is a defect that is not disclose any latent property defects they PCR is not a warranty to the purchaser.
hidden and ought to be easily identified are aware of. Such an inspection should highlight
upon reasonable inspection. any undisclosed defects to help
It is suggested that when a seller wants to circumvent any later problems or any
When is a seller protected by the sell immovable property privately with the delay in the transfer arising from a defect
voetstoots clause? inclusion of the voetstoots clause, he/she coming to light.
All patent defects are covered by the is duty bound to disclose all the defects
voetstoots clause, even if the defect was not of the immovable property that he/she is
seen by the purchaser when they viewed aware of. The seller can mitigate potential
the property, because the building or room liability by including a Property Condition
that’s defective was locked at the time of Report (PCR) in the Deed of Sale. The PCR
the inspection. It is the responsibility of the is a report whereby the seller sets out the
purchaser to conduct a thorough inspection quality of the property as well as a list of all
and to request access to all areas where such the defects that he/she is aware of at the Call : 083 551 7122
access is not available. time of the sale of the property. Email: leroux.marlie100@gmail.com
INTRAMUROS FEBRUARY 2022 | 27
