16/03/2026
The VOETSTOETS Clause and what it means for Purchasers and Sellers
Many purchasers want to rely on the Consumer Protection Act (CPA) when post registration problems on properties are identified. The CPA is however meant to prorect the consumer from goods sold in the every day line of business of the seller and since most Sellers sell their Private Homes as a once off transaction, the CPA will not apply.
Having a signed Property Condition Report at the time when the Offer to Purchase is signed, can avoid unneccessary after registration disputes between seller and buyer.
Estate Agents do not hold the technical qualifications/skills to guarentee that the property has any latent defects and simply act on the information at hand and what the layman would identify on inspection of any property to be marketed and can therefor not be held responsible for latent defects identified after registration.
The VOETSTOETS clause therefor still stands and protects Sellers from potential liability of Post Registration defects identified.
There are however two exceptions:
1) If the purchaser can prove that the seller was AWARE or the defects and it was not disclosed on the Property Condition Report at the time of signing the OTP
2) If the purchaser can prove that the Seller maliciosly tried to HIDE/CONCEAL the latent defects at the time of marketing the property.
It is therefor wise for purchasers to do their own homework on the structural condition of the property, BEFORE signing an Offer To Purchase (OTP) and if needed consult a specialist in the field for sound advice.
Call us for more information 0871514712.
One requirement in particular is often overlooked: the estate agentโs duty of disclosure extends only to material facts within their personal knowledge, and there is no general duty to conduct technical investigations to uncover hidden structural defects.