Most sale agreements of immovable property contain a clause in
terms of which the purchaser thereof agrees to buy the property
voetstoots. 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. Patent defects are those
defects that are visible whereas latent defects are hidden and not
discoverable through reasonable inspection.
Although the voetstoots clause is designed to protect
the seller, our South African case law and legislation provide for
certain instances where the seller will not be able to raise the
voetstoots clause as a defence in a claim for damages.
