Agreements of sale should always be conducted in good faith and therefore it is important for the owner / seller of immovable property to always disclose relevant facts to a prospective buyer and the agent to not only ensure complete transparency, but also to prevent any unnecessary claims for damages due to non-disclosure. A case…
VOETSTOOTS VS LATENT DEFECTS – RECENT LAW REPORTS Ellis and Another v Cilliers N.O and Others (16936/11) [2015] ZAWCHC 145 (9 October 2015) The factual background to the dispute is briefly as follows: The Plaintiffs bought a wooden house built into a slope and the front is on so-called “stilts”. When they started…
‘VOETSTOOTS’ VS LATENT & PATENT DEFECTS Sellers must be careful not to abuse the ‘voetstoots’-clause in agreements of sale of immovable property. There is a duty on the Seller to be transparent and disclose all latent (hidden) defects in the property being sold. Failure to do so will entitle the Purchaser to institute a…