VOETSTOOTS. The PROPERTY is sold:
8.1. Voetstoots in accordance with the Sectional Plan and the participation quota endorsed thereon with the opening of the Sectional Title Register, or as they are endorsed already, and any amendments or adjustments thereto from time to time in accordance with the terms of the Act and without any warranties express or implied, the SELLER shall not be liable for any patent or latent defects. Should the extent of the Section or of the PROPERTY differ from that which is contained in the title deed or sectional plan or any amendment thereto, the SELLER shall not be liable for any shortfall or be entitled to any compensation for any surplus.
8.2. Subject to all the conditions and Regulations of the Act.
8.3. The PURCHASER acknowledges that this is not a construction contract and that he is purchasing a completed unit. The PURCHASER shall not have the right to interfere in any way with the building operations of the SELLER’S employees. He shall also have no right to retention. This Clause is also applicable in the case of the bank holding back any retention amount out of its own accord or on request of the PURCHASER.
8.4. The SELLER undertakes to erect the unit according to the general building standards as set by Financial Institutions. The unit is be registered with the NHBRC.
8.5. Should a dispute arise or be declared, such dispute shall be resolved by an Arbitrator appointed by the Developer. The costs in respect thereof shall be borne by the unsuccessful party. Pending the outcome of the dispute, the PURCHASER shall be obliged to pay the outstanding amount to the Conveyancers who shall hold it in trust.
VOETSTOOTS. 15.1 The Property is sold “voetstoots” and subject to the terms and conditions and servitudes mentioned or referred to in the current and/or prior Title Deeds and to the conditions of establishment of the Township in which it is situated and to the zoning applied to it under any Town Planning Scheme. The Seller shall not profit by any excess, nor shall it be answerable for any deficiency in the extent thereof. Neither the Seller nor the Agent shall be responsible for pointing out to the Purchaser any surveyor’s pegs or beacons in respect of the Property unless requested do so by the Purchaser or unless the Seller and/or Agent had knowledge of any material deficiencies in the extent.
15.2 The Purchaser acknowledges that he has not been induced into entering into this Agreement by any express or implied information, statement, advertisement or representation made or given any warranties in respect of the Property or anything relating thereto, by the Agent or any other person, or by or on behalf of the Seller and that is not contained in this Agreement.
15.3 The Purchaser acknowledges that he has fully acquainted himself with the Property that he has purchased alternatively that he/she has elected to purchase the Property without fully acquainting him/herself therewith.
15.4 Schedule “2” hereto sets out information pertaining to the Property which is specifically brought to the attention of the Purchaser.
VOETSTOOTS. 11.1 The Sale Object is sold VOETSTOOTS, and neither the AUCTIONEER nor the SELLER gives any guarantee as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practised thereon, and will not be held liable for any damages arising from same. The SELLER gives no guarantees for the successful running of the business on the property or elsewhere and the bid shall be proof of that the PURCHASER has acquainted himself with the conditions, defects and shortfalls of the Sale Object. The Sale Object is sold subject to all conditions, servitudes, current or forthcoming land claims, legal or illegal occupants and/or expropriation applicable to the Property and evidenced in the existing title deed of the specific Property.
11.2 The AUCTIONEER and/or SELLER is not obliged to point out any beacons or boundaries, and any description or information, whether by way of advertising, brochures or verbal communication is done in good faith and the PURCHASER acknowledges that he was not induced into this agreement by any explicit or implied representations, warranties, statements made or information given by any person.
11.3 It is agreed by the PURCHASER that neither the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation.
11.4 The PURCHASER acknowledges that the subject Property sold herewith is not a newly constructed building and that the condition of the Property may not be the same as that of such newly constructed building. Consequently, certain patent and latent defects may have developed, particularly but not limited to the condition of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenances.
11.5 BIDDERS should refrain from either bidding at the auction or making an offer for the Sale Object if they have not familiarised themselves with all of the clauses of this Conditions of Sale and the condition and status of the Property and Sale Object, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard.
VOETSTOOTS. 3.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon.
3.2 The Purchaser has been expressly informed and acknowledges that the Property is sold and purchased voetstoots, absolutely as it stands, with all its defects (if any) whether patent or latent. Furthermore, the Purchaser acknowledges that the Seller through its contractors may be constructing roads, laying services and landscaping within the Estate and on the Property and agrees that the Property will be transferred to him as it then is after the completion of the work as contemplated in this clause.
3.3 The Purchaser acknowledges that during the course of installation of infrastructure and services to the Estate and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted.
3.4 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the local or any other authority in approving the Property as a separate subdivision.
3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property and the Seller shall not be liable for any deficiency in the extent therefore nor shall it benefit by any surplus.
3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for the Estate. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically to the Property prior to commencement of building operations.
3.7 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof.
3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.
VOETSTOOTS. 12.1 The Sale Object is sold “voetstoots” and subject to the terms and conditions and servitudes mentioned or referred to in the current and/or prior Title Deeds and to the conditions of establishment of the Township in which it is situated and to the zoning applied to it under any Town Planning Scheme. The Seller shall not profit by any excess, nor shall it be answerable for any deficiency in the extent thereof. Neither the Seller nor the Agent shall be responsible for pointing out to the Purchaser any surveyor’s pegs or beacons in respect of the Property unless requested do so by the Purchaser or unless the Seller and/or Agent had knowledge of any material deficiencies in the extent. Should any livestock or game form part of the Sale Object, the Seller shall provide the Purchaser with a list of all accounted livestock / game as at date of signing of the Agreement, which the Purchaser excepts to be an accurate number and species forming part of the livestock being sold.
12.2 The Purchaser acknowledges that it has not been induced into entering into this Agreement by any express or implied information, statement, advertisement or representation made or given any warranties in respect of the Sale Object or anything relating thereto, by the Agent or any other person, or by or on behalf of the Seller and that is not contained in this Agreement.
12.3 The Purchaser acknowledges that it has fully acquainted itself with all material aspects of the Sale Object that it has purchased alternatively that it has elected to purchase the Sale Object without fully acquainting itself therewith.
12.4 Schedule “2” hereto sets out information pertaining to the Property which is specifically brought to the attention of the Purchaser.
VOETSTOOTS. The property is sold voetstoots and the Seller shall not be liable for any defects, patent (obvious flaws) or latent (hidden / undisclosed) or otherwise in the property or for any damage occasioned to or suffered by the Purchaser by reason of such defect. The Purchaser admits having inspected the property to his satisfaction and that no guarantees or warranties of any nature were made by the Seller or his agent regarding the condition or quality of the property or any of the improvements thereon or accessories thereof.
VOETSTOOTS. Save as is otherwise specifically provided for in this agreement, the property is sold to the Purchaser who purchases it voetstoots and as it stands. If on the subsequent survey of the properties for the purposes of the diagrams referred to in this agreement, it appears that the properties are either of greater or lesser extent than indicated in this agreement, neither party shall have a claim against the other for either an increase or decrease in the purchase price in relation to such variation.
VOETSTOOTS. 8.1 Save for the provisions of 2.5 and 7.2 hereof, the unit is sold voetstoots and the Seller shall have no further or other liabilities in respect of any defects which appear in the dwelling whether patent or latent.
8.2 The Purchaser shall accept transfer of the unit subject to:
8.2.1 such registerable conditions as may be imposed by the Seller in terms of section 11 of the Sectional Titles Act;
8.2.2 such servitudes as may be applicable to the land and/or the buildings;
8.2.3 such conditions, reservations and servitudes contained or referred to in the title deed relating to the land.
8.3 The Purchaser acknowledges that the Purchaser has inspected the housing development scheme, the plans, the unit, the facilities and the common property, and that he is satisfied with regard to the circumstances, nature, position, extent and planning thereof, as well as the general suitability thereof according to and for purposes of the Purchaser’s needs.
8.4 In the event of the measurement of the section varying by not more than 7 % (seven percent) from the sectional plan eventually registered by the Registrar of Deeds, or in the event of the unit being allocated a different number in such sectional plan, or the location of the building(s) being different to that reflected on the plans, the Purchaser shall nevertheless accept transfer of the unit as set out in the registered sectional plan in satisfaction of the obligations of the Seller in terms of this contract.
8.5 It is recorded that the Seller is a "producer" as defined in the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as the CPA) and that the property is sold with an "implied warranty of quality" as provided for in Section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in Section 55 of the CPA which Section 55 provides that the Purchaser has a right to receive the Property on the basis that –
8.5.1 It will be reasonably suitable for the purposes for which it is generally intended;
8.5.2 It is of good quality, in good working order and free of any defects;
8.5.3 It will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put to and to all the surrounding circumstances of it supply, except to the extent that the buildings have been altered after left the control of the Seller.
8.6 It is however (as provided for in Section 55(6) of the CPA) recorded that –
8.6.1 the P...
VOETSTOOTS. The Purchaser agrees and acknowledges that:
8.1. The property is purchased voetstoots, absolutely as it stands and without any warranties, express or implied. The Purchaser is deemed to have made himself acquainted with the property, its nature, condition, extent, beacons, locality and subject to all defects, whether latent or patent, and all servitudes and condition to which the property may be subject whether contained in the Title Deeds or otherwise, the Seller and/or the Agents being entirely free from all liability in respect thereof.
VOETSTOOTS. The property is sold voetstoots and neither the SELLER nor the AUCTIONEER shall be liable for any defects, patent, latent or otherwise in the property nor of any damage occasioned to or suffered by the PURCHASER reason of such defect. The purchaser admits having inspected the property to his satisfaction and that no guarantees or warranties of any nature were made by the SELLER or the AUCTIONEER regarding the condition or quality of the property or any of the improvements theron or accessories thereof. The property is further sold as represented by the title deeds. Neither the SELLER nor the AUCTIONEER shall be liable for any deficiency that may be found to exist and renounces all excess. Neither the SELLER nor the AUCTIONEER shall be under any obligation to point out any beacons in respect of the property. The property is also sold subject to all existing servitudes and conditions specified in the title deed.
