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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.
Popular tags: Property professional, property professionals, property agents in Cape Town, voetstoots clause, voetstoots, latent v patent defects
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.
Popular tags: Occupation date, occupational rent, offer to purchase, offer to purchase clause, suspensive conditions, voetstoots clause, what is an offer to purchase, offer to buy house, offer to purchase a house, selling property, sale property, private property for sale, estate houses for sale, property professional
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