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Prior to buying property in South Africa, it is advisable to be familiar with some of the straightforward property laws in South Africa.

The Voetstoots Clause

The voetstoots clause plays a large role in acquiring and selling property in South Africa.

This clause works nicely to shield the rights of the seller.

The initial exception applies if the seller was conscious of defects to the property, but did not disclose all the defects to the purchaser.

Patent and Latent Defects

Patent defects contain visible wall cracks, missing tiles, harm to the roof or roof tiles, sagging gutters, broken windows and other defects to this impact. In the occurrence of patent defects, the buyer can't claim post acquire that he was unaware of the defects.

Latent defects are not apparent and the voetstoots clause holds the seller liable to reveal any such defects in their understanding. This depends on the nature or degree of the latent defects.

The only time when a seller may well possibly be excused from generating compensation for latent defects is if they had been unaware of the defects at the time of sale.

Late Discovery of Defects

The estate agent's role is only to inspect patent defects and enquire from the seller in terms of any latent defects.

Some South African Property Law Fundamentals

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