The Voetstoots clause basically means that the property is sold without guarantees, and the seller is therefore not liable for any defects relating to the property that are unseen (latent) or seen (patent), unless he or she deliberately conceals them.

Many disputes have arisen from the fact that buyers and sellers don’t necessarily understand what the Voetstoots clause actually means. Understanding how it affects you as a buyer or seller can go a long way to making sure the transaction runs smoothly.

Basically as the seller, you are not liable for defects, but you are liable for misrepresentations of any kind, as you are supposed to make the buyer aware of these defects.

If you purchase a house and there are certain obvious defects which would have been revealed by a reasonably careful inspection of the property, then you, as buyer, have no claim against the seller.

You may need to refund

Where there is some defect in the house which is not apparent on a careful inspection, the seller is liable for those defects if he or she knew about them. In such an instance, the seller may be called upon to refund part of the purchase price or even to accept cancellation of the entire sale, depending on the nature or extent of the defect.

As the seller, it is thus important to realise that a Voetstoots clause does not remove liability for misrepresentations and fraud. If you, as the seller, are aware that there is a defect, make sure you disclose it to the buyer.

As the buyer you must inspect the property thoroughly before signing the sale agreement. And any defects must be put in writing in the sale agreement.

Inspect the property properly

So, rather than relying on the clause, it is in the interest of both buyer and seller to have a thorough home inspection done before a sale is agreed.

Make sure that the house is inspected inside and out — this includes the structure, any outbuildings as well as the grounds, and write down all problems, whether they seem minor or major.

You could get an expert to inspect your house for you, and receive a proper certificate of inspection. This inspection would cover all aspects of the building including the foundations, plumbing system, electrical system etc. The inspectors will look for visible defects that might cause problems later on.