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Does voetstoots cover unapproved building plans?

Written by  Smith Tabata Buchanan Boyes
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In a more recent case it was held that the absence of any statutory approval for buildings constitutes a latent defect.  The voetstoots clause ordinarily covers a latent defect, meaning that a seller would be protected by the voetstoots clause for unapproved building plans.

It is important for buyers to take note that the smallest failure on their part to properly inspect the property and to ask the correct questions might cost them dearly in the future.

The buyer can only avoid the abovementioned consequence of the voetstoots clause if they can prove that the seller:

  • knew of the latent defect;
  • omitted to disclose and deliberately concealed such fact; and
  • had the intention to defraud (the buyer).

It is thus of the utmost importance for all sellers to properly disclose all known defects, whether latent or patent, to the buyer and/or agent.

Smith Tabata Buchanan Boyes

Smith Tabata Buchanan Boyes

Smith Tabata Buchanan Boyes