Is Voetstoots Legal?

What is a patent defect?

Caveat emptor: buyer beware.

Patent Defect: A flaw that has failed under test or screen See Latent Defect.

A patent defect is a fault in the structure or condition of a property which is readily apparent to an ordinary purchaser during a routine inspection..

What implications will it have when you have purchased something Voetstoots?

The term voetstoots is a Dutch term which generally describes buying something “as is” and counters this implied right to defect free goods. This means that a buyer agrees that they buy an item as it appears at the time of sale and cannot later claim against the seller if he finds certain defects.

What does the transfer of ownership mean?

The transfer of property is when the ownership of a property is moved from one person to another person.

What is Voetstoots and how does it protect the seller?

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.

Is damp a latent defect?

An example of a latent defect is a leaking roof or pool, but be advised that damp is not a latent defect and this can be seen with the untrained eye, even if it is on the walls within a cupboard or bathroom which were painted, for example.

Who is responsible for latent defects?

The Contractor is responsible for any latent defects discovered during the first 10 years after the Engineer has issued the Final Approval Certificate.

Can a house be sold Voetstoots?

Selling or buying a property voetstoots means that the property sells in the condition in which it is at the time of sale. … It will however be the duty of the purchaser to prove that such fraudulent concealment was committed by the seller, by proving: That the seller knew of latent defects and didn’t disclose it; and.

What is an example of a latent defect?

Leaks in the ceiling or roof. Plumbing issues (i.e. water leakage in basement) Toxic conditions, such as the presence of lead, mold, radon or asbestos. Faulty electrical wiring.

What is mean by latent?

Adjective. latent, dormant, quiescent, potential mean not now showing signs of activity or existence. latent applies to a power or quality that has not yet come forth but may emerge and develop.

What is considered latent defect?

In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale.

Can you complain after buying a house?

In most cases, if you buy something and are unhappy with your purchase, you can go back to the seller and ask for a refund. However, it does not usually work that way with property. When you buy a property, you must take responsibility for uncovering any problems with the property before the purchase goes ahead.

How long is the latent defect period?

The latent defect period commences at the start of the construction period and ends 5 (five) years from the date that final completion was achieved.

Does Voetstoots still apply in South Africa?

The buyer usually cannot demand, as a matter of law, that the voetstoots clause be removed, as it will truly be rare that the seller will be in the business of selling properties. … Hundreds of properties change hands in South Africa every day and most buyers are undoubtedly happy with their purchases.

What does Voetstoots mean in law?

In South African law the voetstoots clause is a standard term inserted into real estate – and many other – sale agreements. It says that the purchaser is buying the property or other item as it stands, whether or not it has patent or latent defects.