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The voetstoots clause, commonly used in property sale agreements in South Africa, means that the property is sold "as is" or "as it stands." 

In essence, the buyer accepts the property with all its visible and hidden defects at the time of the sale. However, there are important nuances to understand about how this clause works, especially in relation to defect lists:

Key Points of the Voetstoots Clause

Seller's Protection: The voetstoots clause primarily protects the seller from future claims regarding defects in the property after the sale. Once the property is sold, the buyer cannot hold the seller responsible for any defects, whether apparent or hidden, as long as the seller was unaware of them.

Undisclosed Defects: If the seller knew about certain defects but did not disclose them to the buyer, the clause does not protect the seller. The buyer can take legal action if it can be proven that the seller intentionally hid or misrepresented a defect.

Defect Lists: Before signing a sale agreement, many buyers request a defect list to understand the condition of the property. This list is typically a detailed report of both minor and major issues, such as plumbing problems, structural issues, or electrical faults. If the defects are listed and acknowledged by both parties, the voetstoots clause may still apply, but both sides will have clarity about the condition of the property.

Latent vs. Patent Defects

Patent defects are visible issues, such as cracked tiles or peeling paint. The buyer should inspect the property carefully for these issues, as they are usually covered by the voetstoots clause.

Latent defects are hidden problems, like a faulty foundation or a leaking roof, which are not easily noticeable. If the seller was unaware of these latent defects, the voetstoots clause would protect them from liability.

Importance of Inspections

For buyers, it is essential to conduct thorough inspections or hire professionals to assess the property before finalizing the purchase. Doing so can help identify defects, ensuring there are no surprises after the sale is completed.

In short, the voetstoots clause shifts the responsibility of inspecting the property to the buyer, but it does not give the seller the right to hide significant issues.