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LATENT DEFECTS AND THE VOETSTOOTS CLAUSE

Banda and Another v Van der Spuy and Another (08/5489) [2011]. ZAGPJHC 126 (23 September 2011)

Latent defects and the voetstoots clause were again under the spotlight in this recent court case.

The facts of this case were as follows: […]

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Voetstoots

One of the first articles that I wrote for this newspaper, which appeared in the Property Post of 2 August 2003 dealt with “voetstoots” sales and latent defects (this earlier article can be viewed on my firm’s website  […]

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Voetstoots Clause in Deed of Sale

Almost every Deed of Sale/Offer to Purchase relating to the sale of immovable property contains a clause stating that the property is sold “voetstoots” (as is/as it stands). What is the effect of such a clause? Under the common law […]

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