Practical application: The voetstoots clause
- More than 80% of the properties sold in South Africa are pre-owned properties,
- representing transactions between private individuals,
- which are not subject to the provisions of the CPA, meaning that
- most sellers are still entitled to the protection provided by the voetstootsclause.
Unfortunately many sellers are being deprived of their common law right to rely on this much-needed protection against latent defects by badly drafted estate agents’ agreements and the so-called “property condition report” attached to them. The voetstoots clause does not exist in its own right. It is an age-old common law "antidote" the sole purpose of which is to counter the effect of the common law warranty upon a seller against latent defects in the property sold.