15/06/2026
Let's discuss property defects
🏡 **Understanding the “Voetstoots” Clause – What Sellers and Buyers Should Know**
Selling or buying property in South Africa? You’ve probably come across the term **“voetstoots”** — a clause that means the property is sold *“as is.”* In other words, the buyer accepts the property in its current condition, including any hidden defects that the seller didn’t know about.
But here’s the catch:
🔍 **Sellers still have a legal duty to disclose** any known defects — things like roof leaks, faulty plumbing, or structural cracks. Failing to do so can lead to serious disputes later, even if the contract includes a voetstoots clause.
💡 **Buyers**, always ask for a written disclosure form and inspect the property carefully.
💡 **Sellers**, be transparent — honesty builds trust and protects you from future claims.
A well-documented **Property Disclosure Inspection** helps both parties avoid unpleasant surprises and ensures a fair, professional transaction.
**Property Disclosure Checklist – What Must Be Disclosed**
Before signing an Offer to Purchase, sellers should declare any known issues such as:
🏠 **Structural & Exterior**
- Roof leaks, loose or cracked tiles, damaged flashing
- Cracks in walls, foundations, or ceilings
- Damp, mould, or water intrusion
- Faulty gutters, downpipes, or drainage
💡 **Electrical & Plumbing**
- Non-compliant electrical installations or faulty wiring
- Leaking pipes, blocked drains, or low water pressure
- Defective geyser or water heating system
🌳 **Garden & Boundary**
- Encroachments, boundary wall cracks, or disputes with neighbours
- Septic tank or borehole issues
🚪 **Interior & Fixtures**
- Broken windows, doors, or locks
- Defective built-in appliances or fittings
- Pest infestations (termites, rodents, etc.)
📄 **Legal & Other**
- Unapproved building alterations or additions
- Servitudes, easements, or restrictions on the property
- Any ongoing insurance or warranty claims related to defects