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If there is no "Voetstoots" clause in a sale agreement, the Seller will be liable for latent(hidden) defects in the article sold, whether or not the Seller knows of the defect.

Therefore it is important for the Seller to protect himself against liability for latent defects by including a "voetstoots" clause in the Sale Agreement.

However, a "voetstoots" clause will not protect a Seller who knows of a hidden defect such as a leaking roof, termites or cracked walls covered by paint or ‘pollyfilla’ and does not disclose it.

To avoid expensive legal costs later, it would be better for the Seller to play open cards with the Purchaser and to disclose hidden defects in the property.

This advice is not intended to be conclusive and it is advisable that you consult an Attorney before you sign the deed of sale.

For any assistance with your "Offer To Purchase" please dont hesitate to contact C Van Dyk Attorneys for assistance.