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ARTICLE · 27 FEBRUARY 2020

The Voetstoots Clause

SchoemanLaw Inc.
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All too often individuals buy property with the expectation that they have just found their perfect home, only to later realise that there are hidden ‘skeletons' buried therein just waiting to make an appearance at some point.

South AfricaIntellectual Property
Schoemanlaw Inc.
Schoemanlaw Inc.

All too often individuals buy property with the expectation that they have just found their perfect home, only to later realise that there are hidden 'skeletons' buried therein just waiting to make an appearance at some point. Sometimes those skeletons rear their heads and bodies soon after the individual takes residence, other times, long after.

Found the skeleton? Whose problem is it?

Upon discovering the skeleton, which is legally referred to as a defect, new homeowners want someone to be held accountable. Their frustrations can be understood as they have spent a substantial amount of money in acquiring their home, only to be met with a situation that requires them to be even more out of pocket. In this instance, who is to be the accountable party? Here is where we need to take into consideration the contract of sale entered into between the buyer and the purchaser, and in particular the 'voetstoots clause'.

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