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VOETSTOOTS

COMMON LAW WARRANTY AGAINST LATENT DEFECTS BY SELLER.

The common law provides that for a period of 3 years from date of sale the seller remains liable for any laten defects, unless this warranty is extremely excluded. The use of the 'voetstoots' is one of the contractual means of excluding this common law laten defect warranty.

WHAT DOES VOETSTOOTS MEAN?

This term means that property is sold 'as it stands' or 'as is'. The 'VOETSTOOTS ' clause as it is commonly known, is found in most agreements of sale of immovable property.

WHO DOES THE VOETSTOOTS CLAUSE PROTECT?

The VOETSTOOTS clause is written in to the agreement of sale for protection of the seller. The protection this clause gives to the seller is that the Seller is not responsible for any defects which are in the property whether these be laten or patent. The purchaser buys the property in the condition in which it is found at the date of sale regardless of the condition of the property.







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