Voetstoots clause in contract can cost both parties dearly
There have been numerous disputes with regard to the understanding of the voetstoots clause.
The word “voetstoots’’ is the action of buying something as is, that is “just as it stands” or in the current condition it’s in. The voetstoots’ basic purpose is to protect the seller from any action by the buyer, should the latter discover any defects of which he was not aware when purchasing the property, and from doing anything to jeopardise the sale agreement.
Any flaws that are clearly visible on a normal inspection of a property are regarded as patent defects which the seller cannot be held responsible for. It is the buyer’s duty to inspect the property to his satisfaction. If he notices defects that are not acceptable, or a concern to him, he must write into the offer to purchase that the defects are to be repaired by the seller prior to registration of the property.
If the seller accepts the offer to purchase with these conditions, then he becomes responsible for the reparations. The latter has the responsibility to disclose any defects which are latent, in other words where there are defects in the house which are not apparent on careful inspection. The buyer can then decide if he is prepared to purchase the property with these defects or not. If the seller does not disclose any latent defects, having been aware of them, then he becomes liable for them. In other words, a seller is only excused from liability for latent defects when he was not aware of the problem at the time of the sale.
Latent defects may include a leaking roof, cracks in the wall or damp areas in the property which have been deliberately concealed. Unfortunately the onus will be on the purchaser to prove that the seller was aware of the defects at the time of the sale.
As the buyer, it is in your best interest to make a thorough inspection of and acquaint yourself with the general condition of the property. The house should be inspected inside and outside and all problems, whether they seem minor or major, need to be recorded.
An estate agent is only obliged to inspect the property for obvious patent defects, to enquire from a seller if any latent defects exist, and to then disclose them to the buyer before signing.
