09/04/2026
๐ VOETSTOOTS: Not a "Get-Out-of-Jail" Card for Sellers!
Think the voetstoots clause protects you from everything when selling your home? Think again. A landmark Supreme Court of Appeal judgment (Le Roux v Zietsman) has sent a clear message: If you hide it, you pay for it.
๐ Patent vs. Latent: Know the Difference
Patent Defects: Obvious flaws like a cracked window or missing tiles. The buyer sees these (or should see them) during a walk-through.
Latent Defects: Hidden issues like rising damp, a faulty geyser, or a leaking roof. These aren't visible to the untrained eye.
โ๏ธ The "Tzaneen Guesthouse" Case
In a recent case, a seller sold a guesthouse for R1.3 million. He claimed the roof leaks were fixed, but heโd actually only patched them with temporary plastic sheeting. When heavy rains hit three months later, the entire roof failed.
The court didn't hold back. Because the seller knew about the defect and deliberately failed to disclose it to secure the sale, the voetstoots clause was tossed out. He was held liable for over R240,000 in repairs plus the lost business income!
๐ก The Bottom Line for Sellers
Fraudulent non-disclosure amounts to fraud. To avoid a massive legal headache:
Disclose everything. If you know about a hidden fault, put it in writing.
Repair properly. "Quick fixes" that hide a problem rather than solve it can be seen as an intent to deceive.
Let the buyer choose. Transparency allows a buyer to factor repair costs into their offer, protecting both parties from future litigation.
Selling or buying? Make sure you have a professional on your side to navigate the complexities of property compliance.
Don't let a "hidden" defect become a legal nightmare.
https://www.golegal.co.za/voetstoots-property-clause/