WHY IS THE VOETSTOOTS CLAUSE STILL BEING USED IN HOUSE SALE CONTRACTS……

The clause is from old Dutch law literally meaning “sold with the push of the foot”

With the introduction of the Consumer Protection Act the seller who does not disclose any latent defects will not be protected in law, therefore it is of absolute importance to ask the estate agent for a LIST OF DEFECTS before considering putting in an offer to purchase.

The Consumer protection Act sets out that anything sold has an implied warranty of quality. A voetstoots clause included in an offer to purchase will not free the seller from any liability for latent defects.

LATENT DEFECTS – examples are hidden damp, leaking roofs where this is covered up, faulty geyser, pool pumps not working, pool leaks.

PATENT DEFECTS – reasonably identifiable upon inspection by a purchaser, or clearly visible – examples would include wall cracks, sagging gutters, broken windows, leaking taps or missing tiles.

Both latent and patent defects should be included in a DEFECTS LIST which should be signed by the seller.

An better option would be for this clause to be removed from contracts for the sale of immovable property. The fact remains that once you have moved into your new house and the transfer of the house into your name has been completed in the deeds office you now have to invoke the law to resolve your issues – expensive, time consuming and frustrating.