Voetstoots – What should a Buyer and a Seller do?

Voetstoots is a standard clause in an immovable property sale agreement which protects the Seller, stating that the property is purchased “as is”.

It is critical that Buyers inspect their prospective immovable property with a high degree of care and diligence. We highly recommend obtaining a home inspection report or other expert report, so that a purchase can be made with complete clarity on what constitutes “as is”.

Some questions that a Buyer should ask and record in writing are the following:

• Does the roof leak?
• When last were there issues with plumbing?
• Have any wooden items been replaced/treated?
• When was an electrician last called to the property?
• Are the architects plans up to date?
• Are there any restrictive or onerous conditions in the title deed?
• When was the geyser last replaced?

Although legally the responsibility is on the Buyer to properly inspect a property prior to its purchase, a Seller may avoid a potential legal dispute by disclosing any latent defects, of which the Seller is aware, in writing, prior to conclusion of the sale agreement.

For more detailed information on voetstoets and what it means in an immovable property transaction, please read our Voetstoots newsletter.