Selling a property with defects: What you need to know
The purchaser signs an agreement of sale with the seller. The property is transferred into the purchaser’s name. A month later, there is heavy rainfall and they realise that the roof is leaking. Is the seller liable to repair the roof or the purchaser, as the new owner? To understand which party is liable, one […]
Understanding the “Voetstoots” Clause
Most sale agreements of immovable property contain a clause in terms whereof the purchaser agrees to buy the property voetstoots. The voetstoots clause is a common law principle which stipulates that the purchaser buys the property from the seller as is and thereby frees the seller from any liability for patent or latent defects. Patent […]