Well-positioned properties make an immediate impression. They invite interest from the right buyers, generate multiple viewings, and create the conditions for competitive offers. Poorly positioned properties, by contrast, lose momentum quickly, leading to price reductions and a longer, more uncertain selling process.
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Originally designed to shield sellers from liability for certain defects, the voetstoots clause has evolved into a highly contested feature of South African property law. Its application depends not only on what was wrong with the property, but also on what was known, disclosed, or deliberately concealed at the time of sale.
Some properties attract serious buyers and achieve clean, confident offers within days. Others linger on the market, gathering dust and missing out on their full potential. It’s easy to assume the difference lies in price or location—but in truth, the defining factor is often who is managing the sale.
A well-drafted OTP protects the interests of both parties, ensures clarity on the key aspects of the deal, and reduces the risk of disputes or delays. If the clauses are incomplete, unclear, or misunderstood, they can cause financial losses, unnecessary conflict, or even the collapse of the sale.
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