Voetstoots Clause Sample Contracts
Voetstoots clause vehicle saleVoetstoots Clause • May 27th, 2023
Published Date: June 22, 2020 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. Voetstoots Case Law in South Africa It has been ruled by our courts that a seller cannot rely on the voetstoots clause if the seller was aware of a latent defect and deliberately concea