Buying a home is one of the largest purchases a person will make in their lifetime. Sometimes, buyers discover unpleasant ‘surprises’ about their new homes within weeks of moving in and do not know if they can take legal recourse on the defects that they have found.

Although the voetstoots clause is designed to protect the seller, our South African case law and legislation provide for certain instances where the seller will not be able to raise the voetstoots clause as a defence in a claim for damages. Our next guest will help us unpack this clause and provide us examples of how this clause can be useful for new homeowners.

 

Guest on the line: Donald Mokgehle - Partner at Adams & Adams (Attorney, Notary and Conveyancer)