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ARTICLE · 18 MAY 2020

The Voetstoots Clause: What To Know

Adams & Adams
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Most sale agreements of immovable property contain a clause in terms of which the purchaser thereof agrees to buy the property voetstoots.

South AfricaConsumer Protection

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.

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