Common use of VOETSTOOTS Clause in Contracts

VOETSTOOTS. 11.1 The Sale Object is sold VOETSTOOTS, and neither the AUCTIONEER nor the SELLER gives any guarantee as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practised thereon, and will not be held liable for any damages arising from same. The SELLER gives no guarantees for the successful running of the business on the property or elsewhere and the bid shall be proof of that the PURCHASER has acquainted himself with the conditions, defects and shortfalls of the Sale Object. The Sale Object is sold subject to all conditions, servitudes, current or forthcoming land claims, legal or illegal occupants and/or expropriation applicable to the Property and evidenced in the existing title deed of the specific Property. 11.2 The AUCTIONEER and/or SELLER is not obliged to point out any beacons or boundaries, and any description or information, whether by way of advertising, brochures or verbal communication is done in good faith and the PURCHASER acknowledges that he was not induced into this agreement by any explicit or implied representations, warranties, statements made or information given by any person. 11.3 It is agreed by the PURCHASER that neither the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation. 11.4 The PURCHASER acknowledges that the subject Property sold herewith is not a newly constructed building and that the condition of the Property may not be the same as that of such newly constructed building. Consequently, certain patent and latent defects may have developed, particularly but not limited to the condition of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenances. 11.5 BIDDERS should refrain from either bidding at the auction or making an offer for the Sale Object if they have not familiarised themselves with all of the clauses of this Conditions of Sale and the condition and status of the Property and Sale Object, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard.

VOETSTOOTS. 11.1 8.1 The Sale Object property is sold VOETSTOOTS, and neither the AUCTIONEER nor the SELLER gives any guarantee as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practised practiced thereon, and will not be held liable for any damages arising from same. The SELLER gives no guarantees for the successful running of the business on the property or elsewhere and the bid shall be proof of that the PURCHASER has acquainted himself with the conditions, defects and shortfalls of the Sale Object. The Sale Object is sold subject to all conditions, servitudes, current or forthcoming land claims, legal or illegal occupants and/or expropriation applicable to the Property property and evidenced in the existing title deed Title Deed of the specific Propertyproperty. 11.2 8.2 The AUCTIONEER and/or SELLER is not obliged to point out any beacons or boundaries, and any description or information, whether by way of advertising, brochures or verbal communication is done in good faith and the PURCHASER acknowledges that he was not induced into this agreement contract by any explicit or implied representations, warranties, statements made or information given by any person. 11.3 8.3 It is agreed by the PURCHASER that neither the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation. 11.4 8.4 The PURCHASER acknowledges that the subject Property property sold herewith is not a newly constructed building dwelling and that the condition of the Property property may not be the same as that of such newly constructed building. Consequently, certain patent and latent defects may have developed, particularly but not limited to the condition of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenances. 11.5 8.5 BIDDERS should refrain from either bidding at the auction or of making an offer for the Sale Object property if they have not familiarised familiarized themselves with all of the clauses of this Conditions of Sale and the condition and status of the Property and Sale Objectproperty, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard. It is therefore acknowledged that if a BIDDER becomes the PURCHASER in this agreement he/she has not been induced or influenced to enter into this agreement by any warranties or representations or statements made or information given by either the SELLER(S) or the AUCTIONEER.

VOETSTOOTS. 11.1 8.1 The Sale Object property is sold VOETSTOOTS, and neither the AUCTIONEER nor the SELLER gives any guarantee as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practised thereon, and will not be held liable for any damages arising from same. The SELLER gives no guarantees for the successful running of the business on the property or elsewhere and the bid shall be proof of that the PURCHASER has acquainted himself with the conditions, defects and shortfalls of the Sale Object. The Sale Object is sold subject to all conditions, servitudes, current or forthcoming land claims, legal or illegal occupants and/or expropriation applicable to the Property property and evidenced in the existing title deed Title Deed of the specific Propertyproperty. 11.2 8.2 The AUCTIONEER and/or SELLER is not obliged to point out any beacons or boundaries, and any description or information, whether by way of advertising, brochures or verbal communication is done in good faith and the PURCHASER acknowledges that he was not induced into this agreement contract by any explicit or implied representations, warranties, statements made or information given by any person. 11.3 8.3 It is agreed by the PURCHASER that neither the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation. 11.4 8.4 The PURCHASER acknowledges that the subject Property property sold herewith is not a newly constructed building dwelling and that the condition of the Property property may not be the same as that of such newly constructed building. Consequently, certain patent and latent defects may have developed, particularly but not limited to the condition of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenances. 11.5 BIDDERS 8.5 The PURCHASER should refrain from either bidding at the auction or making tendering an offer for the Sale Object property if they have not familiarised themselves with all of the clauses of this Conditions of Sale and the condition and status of the Property and Sale Objectproperty, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard. It is therefore acknowledged that if a tenderer becomes the PURCHASER in this agreement he/she has not been induced or influenced to enter into this agreement by any warranties or representations or statements made or information given by either the SELLER(S) or the AUCTIONEER.

VOETSTOOTS. 11.1 8.1 The Sale Object property is sold VOETSTOOTS, and neither the AUCTIONEER nor the SELLER gives any guarantee as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practised thereon, and will not be held liable for any damages arising from same. The SELLER gives no guarantees for the successful running of the business on the property or elsewhere and the bid shall be proof of that the PURCHASER has acquainted himself with the conditions, defects and shortfalls of the Sale Object. The Sale Object is sold subject to all conditions, servitudes, current or forthcoming land claims, legal or illegal occupants and/or expropriation applicable to the Property property and evidenced in the existing title deed Title Deed of the specific Propertyproperty. 11.2 8.2 The AUCTIONEER and/or SELLER is not obliged to point out any beacons or boundaries, and any description or information, whether by way of advertising, brochures or verbal communication is done in good faith and the PURCHASER acknowledges that he was not induced into this agreement contract by any explicit or implied representations, warranties, statements made or information given by any person. 11.3 8.3 It is agreed by the PURCHASER that neither the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation. 11.4 8.4 The PURCHASER acknowledges that the subject Property property sold herewith is not a newly constructed building and that the condition of the Property property may not be the same as that of such newly constructed building. Consequently, certain patent and latent defects may have developed, particularly but not limited to the condition of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenances. 11.5 8.5 BIDDERS should refrain from either bidding at the auction or making an offer for the Sale Object property if they have not familiarised themselves with all of the clauses of this Conditions of Sale and the condition and status of the Property and Sale Objectproperty, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard. It is therefore acknowledged that if a BIDDER becomes the PURCHASER in this agreement he/she has not been induced or influenced to enter into this agreement by any warranties or representations or statements made or information given by either the SELLER(S) or the AUCTIONEER.

VOETSTOOTS. 11.1 8.1 The Sale Object property is sold VOETSTOOTS, and the neither the AUCTIONEER nor the SELLER gives any guarantee as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practised practiced thereon, and will not be held liable for any damages arising from same. The SELLER gives no guarantees for the successful running of the business on the property or elsewhere and the bid shall be proof of that the PURCHASER has acquainted himself with the conditions, defects and shortfalls of the Sale Object. The Sale Object is sold subject to all conditions, servitudes, current or forthcoming land claims, legal or illegal occupants and/or expropriation applicable to the Property property and evidenced in the existing title deed of Title Deed or the specific Propertyproperty. 11.2 8.2 The AUCTIONEER and/or and or SELLER is not obliged to point out any beacons or boundaries, and any description or information, whether by way of advertising, brochures or verbal communication is done in good faith and the PURCHASER acknowledges that he was not induced into this agreement contract by any explicit or implied representations, warranties, statements made or information given by any personrepresentation. 11.3 8.3 It is agreed by the PURCHASER that neither the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation. 11.4 8.4 The PURCHASER acknowledges that the subject Property property sold herewith is not a newly constructed building and that the condition of the Property property may not be the same as that of such newly constructed building. Consequently, certain patent and latent defects may have developed, particularly but not limited to the condition of the roof and roof trusses, ceilings, electrical-electrical, plumbing- plumbing and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenances. 11.5 8.5 BIDDERS should refrain from either bidding at the auction or making an offer for the Sale Object property if they have not familiarised themselves with all of the clauses of this Conditions of Sale and the condition and status of the Property and Sale Objectproperty, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard. It is therefore acknowledged that if a BIDDER becomes the PURCHASER in this agreement he/she has not been induced or influenced to enter into this agreement by any warranties or representations or statements made, or information given by either the SELLER(S) or the AUCTIONEER.

VOETSTOOTS. 11.1 8.1 The Sale Object Property is sold VOETSTOOTS“voetstoots” without warranties, and neither the AUCTIONEER nor the express or implied. The SELLER gives any guarantee as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practised thereon, and will shall not be held liable for any defects, latent or otherwise in the property or for any damages suffered by the PURCHASER by reason of such defects and the PURCHASER hereby indemnifies and holds the SELLER harmless against any claim for damages arising from same. such defect(s). 8.2 The SELLER gives no guarantees for PURCHASER acknowledges that in the successful running event of the business on property being a unit in a sectional title scheme, the property or elsewhere and the bid shall be proof of that the PURCHASER has acquainted himself with the conditions, defects and shortfalls conditions of the Sale Object. Sectional Titles Act No 95 of 1986 as amended will apply; 8.3 The Sale Object Property is sold subject to all the conditions, servitudesburdens and servitudes referred to in the title deeds of the property both present and prior and any Town Planning Scheme applicable thereto and to all such other conditions, current or forthcoming land claimsburdens and servitudes which may exist in regard thereto. 8.4 The PURCHASER is deemed to be acquainted with the nature, legal or illegal occupants and/or expropriation applicable condition, beacons, extent and locality of the property, the SELLER being entirely free from all liability in respect thereof. 8.5 The SELLER shall not be liable for any deficiency in the extent of the Property which may be revealed on any resurvey, nor shall the SELLER benefit by any excess. 8.6 The SELLER specifically declares that unless otherwise disclosed it is not the SELLER’S ordinary course of business to sell immovable property as defined in terms of the Consumer Protection Act No. 68 of 2008. 8.7 The PURCHASER declares that: 8.7.1 The PURCHASER was granted fair and ample opportunity to inspect the Property which the PURCHASER has done to the Property PURCHASER’S satisfaction; 8.7.2 The PURCHASER considers the agreed Purchase Price to be fair and evidenced in the existing title deed of the specific Property. 11.2 The AUCTIONEER and/or SELLER is not obliged to point out any beacons or boundaries, and any description or information, whether by way of advertising, brochures or verbal communication is done in good faith reasonable and the PURCHASER acknowledges that he was SELLER did not induced into this agreement by any explicit use undue influence or implied representationstactics in marketing the Property, warranties, statements made or information given by any person. 11.3 It is agreed by thereby inducing the PURCHASER that neither to sign this offer and the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect candid not be seen as make any form of misrepresentation. 11.4 The PURCHASER acknowledges that the subject Property sold herewith is not a newly constructed building and that representations regarding the condition of the Property may property which are not be the same as that of such newly constructed building. Consequently, certain patent contained in this Agreement. 8.7.3 The PURCHASER takes note and latent defects may have developed, particularly but not limited agrees to the condition fact that the Property’s subdivision from ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ has already been approved by the Surveyor General under SG No. 966/2017 and will as such be transported from the original above Erf of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenancesSELLER to the PURCHASER. 11.5 BIDDERS should refrain from either bidding at 8.8 The PURCHASER was not introduced to the auction or making an offer for the Sale Object if they have not familiarised themselves with all Property by means of direct marketing methods as contemplated in section 24 of the clauses Consumer Protection Act No. 68 of this Conditions of Sale and the condition and status of the Property and Sale Object, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard.2008

VOETSTOOTS. 11.1 12.1 The Sale Object seller records that it has successfully completed the geotechnical/geophysical investigations into the subterranean conditions of the land on which the township is sold VOETSTOOTSbeing developed (including a dolomite stability investigation) and has complied with the comments and/or recommendations made in this regard by the Council for Geoscience. In spite of this, and neither the AUCTIONEER nor the SELLER gives any guarantee as seller records that ongoing geotechnical and/or geophysical investigations are being done with regard to the extent, patent or latent defectsland on which the property hereby sold is situated by the seller’s geotechnical and/or geophysical engineers and/or geologists. Such further investigations may result in further information becoming available which may result in the property hereby sold being reclassified as regards its geotechnical nature. Hence, the nature, quality or legality seller does not warrant that the present geophysical/geotechnical classification of improvements, or the legality property hereby sold will not change as a result of the further testing. If as a result of any activities practised thereonsuch change in the geophysical/geotechnical classification of the property the precautionary measures referred to in 12.1 become more onerous and/or expensive, the purchaser will be liable to bear the additional expense and will not by virtue thereof be held liable entitled to cancel this agreement or claim any amount of money from the seller or claim any other remedy from the seller. In spite of the aforegoing, it is, however, agreed that if as a result of the gathering of the further information referred to above in this clause it transpires that the property hereby sold cannot be used for the erection thereon of a dwelling house and usual outbuildings, (to the extent – as regards coverage and floor area ratio – indicated in the architectural guidelines and the townplanning scheme which will become applicable upon proclamation of the township) then either of the seller or the purchaser will be entitled to cancel this agreement by written notice to the other of them in which event the parties will mutually restore unto each other everything performed in terms of this agreement but apart from such restoration neither party will have any damages arising from sameclaim of whatsoever nature against the other by virtue of the conclusion of this agreement or its cancellation. 12.1.1 The seller records that by virtue of the provisions of the Housing Consumers Protection Measures Act No. 95 of 1998 the National Home Builders Registration Council (“NHBRC”) has been established and that before any dwelling house or similar structure may be erected on the property, the NHBRC must issue a written consent thereto. The SELLER gives no guarantees NHBRC might impose preconditions for the successful running erection of the business such buildings or other structures on the property or elsewhere and the bid shall be proof of purchaser undertakes to comply at his expense with all such preconditions imposed by the NHBRC. 12.1.2 The seller reiterates that the PURCHASER has acquainted himself with Council for Geoscience, which Council must first approve the conditions, defects and shortfalls geophysical conditions of the Sale Object. The Sale Object is sold subject to all conditionsproperty before the NHBRC issues an approval for the erection of buildings on it, servitudes, current or forthcoming land claims, legal or illegal occupants and/or expropriation applicable has already been consulted with regard to the Property and evidenced in the existing title deed geophysical/ geotechnical conditions of the specific Propertyproperty and has approved the township land for development into a township. Upon the purchaser’s request the seller will furnish a copy of such approval to the purchaser. 11.2 12.1.3 The AUCTIONEER and/or SELLER seller is not obliged at its expense to point carry out any beacons further tests which may be prescribed or boundariesrequired by the Council for Geoscience and/or the NHBRC in order for the NHBRC to enrol the property for purposes of the construction of a dwelling house and other structures on it, and any description or informationbut should such further tests be required, whether by way of advertising, brochures or verbal communication is done in good faith and the PURCHASER acknowledges that he was not induced into seller will be entitled rather to cancel this agreement by any explicit or implied representations, warranties, statements made or information given by any person. 11.3 It is agreed by in which event the PURCHASER that neither the SELLER nor the AUCTIONEER purport parties will mutually restore to be experts with regards to defects each other everything performed in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation. 11.4 The PURCHASER acknowledges that the subject Property sold herewith is not a newly constructed building and that the condition terms of the Property may not be the same as that of such newly constructed building. Consequently, certain patent agreement and latent defects may have developed, particularly but not limited to the condition of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenancesno further claims against one another. 11.5 BIDDERS should refrain from either bidding at the auction or making an offer for the Sale Object if they have not familiarised themselves with all of the clauses of this Conditions of Sale and the condition and status of the Property and Sale Object, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard.

VOETSTOOTS. 11.1 10.1 The Sale Object is sold VOETSTOOTSPURCHASER acknowledges that he has inspected THE PROPERTY and the GENERAL PLAN as marked of the TOWNSHIP, and neither hereby acknowledges that he is fully acquainted with all relevant particulars relating to THE PROPERTY, including the AUCTIONEER nor situation and extent thereof on the SELLER gives any guarantee GENERAL PLAN; 10.2 The parties place on record that the envisaged extent of the PROPERTY is as described in the OFFER TO PURCHASE. The exact extent and description of THE PROPERTY will only be confirmed on approval of the GENERAL PLAN. The parties agree to accept such final survey and description unless the deviation in extent is more than 5 % (FIVE PERCENTUM), in which case the PURCHASE PRICE will be adjusted (increased or decreased) on a pro-rata basis and the adjustment will be accounted for on registration of transfer. 10.3 The PURCHASER further acknowledges that from its examination of THE PROPERTY, he has satisfied himself as to the extent, patent or latent defects, the nature, quality or legality of improvements, or the legality of any activities practised thereon, condition thereof and will not be held liable for any damages arising from same. The SELLER gives no guarantees for the successful running of the business on the property or elsewhere it is thus agreed that: 10.3.1 THE PROPERTY is purchased "voetstoots" and the bid shall be proof of that the PURCHASER has acquainted himself with the conditions, defects and shortfalls of the Sale Object. The Sale Object is sold subject to all conditions, servitudesrestrictions, current and servitudes set out or forthcoming land claimsreferred to in the title deed/s in terms of which the SELLER holds THE LAND at date hereof, legal or illegal occupants and/or expropriation which may apply to or exist in respect of THE PROPERTY at any time including all CONDITIONS OF ESTABLISHMENT, all conditions as set out in the Record of Decision for the approval of the township, and special conditions of title and the conditions of any applicable Town Planning Scheme which has been or may be laid down in respect of THE PROPERTY by any APPROPRIATE AUTHORITY. 10.3.2 The SELLER shall not be liable for any defects, latent or otherwise, in THE PROPERTY, nor for any damage occasioned to or suffered by the PURCHASER or any person by reason of such defects, if any. It is recorded that a geological survey has been compiled with regard to THE LAND and is available for inspection at the offices of the SELLER. 10.3.3 The SELLER will point out or indicate the position of any Surveyor's beacons or pegs in respect of THE PROPERTY once upon request after approval of the township, which pegs constitute the corners of THE PROPERTY and agree that the SELLER will not be liable to do so again, nor shall the SELLER be liable for costs of locating same again thereafter. 10.3.4 In the event of THE PROPERTY having been erroneously described herein, such error shall not be binding upon the parties, but the description of THE PROPERTY as set out in the title deed/s whereunder it is held by the SELLER, read with the CONDITIONS OF ESTABLISHMENT, shall apply and in such event the SELLER shall be entitled to rectify such error by written notice given to the Property PURCHASER of such error and evidenced in the existing title deed required rectification; 10.3.5 Should the Development not take place for whatsoever unforeseen reason such as decline of proclamation, unreasonable restrictions by a Financial Institute to the specific Property. 11.2 The AUCTIONEER and/or SELLER is not obliged to point out any beacons or boundariesTOWNSHIP DEVELOPER, and any description or informationthe PURCHASER will have no claim whatsoever against the SELLER, whether by way of advertising, brochures or verbal communication is done in good faith and the PURCHASER acknowledges that he was not induced into this agreement by any explicit or implied representations, warranties, statements made or information given by any person. 11.3 It is agreed by will be refunded with the PURCHASER that neither the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation. 11.4 The PURCHASER acknowledges that the subject Property sold herewith is not a newly constructed building and that the condition of the Property may not be the same as that of such newly constructed building. Consequently, certain patent and latent defects may have developed, particularly but not limited to the condition of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenances. 11.5 BIDDERS should refrain from either bidding at the auction or making an offer for the Sale Object if they have not familiarised themselves with all of the clauses of this Conditions of Sale Deposit paid and the condition and status of Interest earned thereon, in accordance with the Property and Sale Object, and neither interest earned in the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regardLawyer’s Trust Account.

VOETSTOOTS. 11.1 6.1 The Sale Object SELLER guarantees that all geysers, swimming pool pumps and equipment, electronic garage doors and gates are in working order, and undertake to provide the PURCHASER with a full set of keys and remote controls on date of occupation of the PROPERTY by the PURCHASER. 6.2 Save for the conditions in clause 6.1 the PROPERTY is sold VOETSTOOTS, voetstoots and neither the AUCTIONEER nor the SELLER gives shall not be liable for any guarantee as to the extentdefects, patent or latent defects, or otherwise in the nature, PROPERTY nor for any damage occasioned to or suffered by the PURCHASER by reason of such defect. The PURCHASER admits having inspected the PROPERTY to his satisfaction and that no guarantees or warranties of any nature were made by the SELLER or his agent regarding the condition or quality of the PROPERTY or legality any of improvementsthe improvements thereon, or the legality of any activities practised thereon, and will not be held liable for any damages arising from same. accessories thereof. 6.3 The SELLER gives no guarantees for the successful running of the business on the property or elsewhere and the bid shall be proof of parties agree that the PURCHASER has acquainted himself with will have no claim whatsoever against the conditions, defects and shortfalls SELLER for any deficiency in the size of the Sale ObjectPROPERTY which may be revealed on any re-survey nor shall the SELLER benefits from any possible excess. The Sale Object is sold subject to all conditions, servitudes, current If the PROPERTY has been erroneously described herein such mistake or forthcoming land claims, legal or illegal occupants and/or expropriation applicable to error shall not be binding on the Property and evidenced SELLER but the description of the PROPERTY as set out in the existing title deed shall apply and the parties agree to rectification herein to reflect the true intentions of the specific Propertyparties. 11.2 6.4 The AUCTIONEER and/or SELLER is shall not be obliged to point out any beacons or boundariesin respect of the PROPERTY and shall not be responsible for any surveyor costs to determine the location of such beacons, unless a beacon relocation is required in terms of section 70 of the City of Mbombela By-Law on Spatial Planning and any description or information, whether by way Land Use Management. 6.5 The PROPERTY is sold subject to the title deed conditions as reflected in the Title Deed of advertising, brochures or verbal communication is done in good faith and the PROPERTY which the PURCHASER acknowledges that he was not induced into this agreement has acquainted himself with. The PROPERTY is further sold subject to all municipal by any explicit or implied representationslaws, warranties, statements made or information given by any person. 11.3 It is agreed by the PURCHASER that neither the SELLER nor the AUCTIONEER purport to be experts with regards to defects in immovable property, and consequently that their failure to specifically point out a specific defect cannot be seen as any form of misrepresentation. 11.4 The PURCHASER acknowledges that the subject Property sold herewith is not a newly constructed building and that the condition of the Property may not be the same as that of such newly constructed building. Consequently, certain patent and latent defects may have developed, particularly but not limited including those relating to the condition of the roof and roof trusses, ceilings, electrical-, plumbing- and sewerage reticulation, walls, windows and skylight fittings, floors, fixtures and fittings, gates, pool and pond electrical components, garden installations and all other similar appurtenanceszoning thereof. 11.5 BIDDERS should refrain from either bidding at the auction or making an offer for the Sale Object if they have not familiarised themselves with all of the clauses of this Conditions of Sale and the condition and status of the Property and Sale Object, and neither the SELLER nor the AUCTIONEER accepts any liability towards the PURCHASER in this regard.