The voetstoots clause is common in South African property sales. Here's what it means for buyers and sellers, and why a thorough inspection still matters.
The voetstoots clause is one of the most commonly misunderstood terms in a South African property sale. In simple terms, it means the property is sold 'as is', and the seller is not responsible for fixing defects after transfer.
However, the clause does not protect a seller who deliberately hid a known defect. If a buyer can prove the seller knew about a fault and concealed it, the seller may still be held liable.
This is why a careful inspection before signing an offer to purchase is so important. Note visible defects in writing, ask questions, and consider a professional inspection for older homes.
This article is general information and not legal advice. For a specific transaction, speak to a property practitioner or conveyancer.
