Understanding "Voetstoots" in Property Sales: Protect Yourself Before You Buy

Understanding "Voetstoots" in Property Sales: Protect Yourself Before You Buy

Understand what "voetstoots" means in South African property sales; learn how it affects buyers and sellers, and how one can protect themselves legally.

"Voetstoots"- Afrikaans for "as is," and it's in virtually every South African property sale agreement. It's a simple clause with major consequences: once you sign, you accept the property in its current condition, including visible and hidden defects-unless the seller deliberately concealed something.

For buyers, that means doing your homework before signing an Offer to Purchase or bidding on an auction property. Inspect thoroughly: check structural cracks, damp, roof leaks, plumbing issues, and faulty electrics. If possible, bring in a qualified inspector, especially for older properties. Remember, the voetstoots clause means you can't demand repairs or compensation later for issues you should reasonably have seen.

However, voetstoots does not mean that a seller can simply keep quiet and thereby obtain immunity from liability. The South African law, namely the CPA, as well as common law, provides that where a seller knowingly conceals any defect in the property or knowingly misrepresents its condition, he loses voetstoots protection. It would then become a case of fraudulent non-disclosure, for which a buyer may sue.

At the auctions, it is standard practice to sell voetstoots. Without warranties, many properties sell at prices reduced accordingly — and that is why due diligence and clear-eyed valuation are essential. Many auction properties stand empty, but some do not — and occupation or arrears issues may become the buyer’s responsibility after transfer.

Voetstoots for the seller means protection against post-sale disputes, provided you have disclosed known problems in writing. Use a property condition report; it's your legal protection and a trust builder with prospective buyers.

Voetstoots works when both parties are transparent. In other words, the buyer accepts the visible condition of the property, while the seller will be free from possible claims only if he has been honest.

Buying "as is" doesn't have to mean buying blind -- just buying smart.

Before you bid or sign, let Dynamic Auctioneers guide you through property inspections and the fine print so you understand precisely what you're getting yourself into.

These articles aim to offer insights only and in no way encourage reckless or hit-and-miss purchasing decisions.