voetstoots means the selling of goods/property in their present condition on auction, “as is”, “where is”, with no express or implied guarantees or warranties regarding the condition and fitness of the goods/property for a particular use. Buyers participate in auctions and bid at their own risk; hence they are advised to inspect the goods/property on offer prior to the commencement of the auction.
voetstoots means the selling of property in its present condition on auction, “as is”, “where is”, with no express or implied guarantees or warranties regarding the condition and fitness of the property for a particular use.
voetstoots or ‘as is’ clause means that you are buying or renting the goods as they appear. In other words, they exclude the seller’s liability for ‘latent defects’. These are faults with the goods that existed when the parties entered the contract, and were not visible after a ‘reasonable’ inspection.
More Definitions of voetstoots
voetstoots. 8.1. The Purchaser shall accept occupation of the completed unit as it stands on the occupation date. The unit once complete is sold voetstoots, and unless written advice is delivered or handed to the Seller within 21 (TWENTY ONE) days of the occupation date, specifying any defects, the unit shall be deemed to have been sold free of any patent defect. The Seller shall remedy any defect so specified in writing within 30 (THIRTY) days of receipt of such written notice, provided the Purchaser provides the Seller with access, failing which this period will be extended accordingly.
8.2. Notwithstanding the provisions of the preceding sub-paragraph above the Seller undertakes and warrants that in the event of there being any roof leaks or latent defects in the Unit becoming apparent within 3 (THREE) months from date of occupation he shall remedy the same, provided that in the event of any substantial rains not falling during the aforesaid 3 (THREE) month period the period applicable to roof leaks shall be extended until such time as substantial rains have fallen. This warranty shall operate only in respect of roof leaks and latent defects and shall not extend to any other matter that may be interpreted as a patent defect. The Seller shall remedy such roof leaks and latent defects, which are brought to the attention of the Seller in accordance with the preceding sub-paragraph within 30 (THIRTY) days of receipt of such written notice.
8.3. Subject to the provisions of this clause the Unit is sold and purchased voetstoots and the Purchaser agrees to accept it as it stands and the Purchaser is presumed to be acquainted with the Unit hereby purchased, its nature, extent, boundaries, zoning and localities and with all conditions registered against the Scheme.
8.4. The Purchaser shall not be entitled to withhold payment of any monies due under this Agreement in respect of the Purchase Price, nor shall the Purchaser be entitled to call for a delay of registration of transfer, pending any resolution of any dispute arising out of or in connection with this Agreement, or pending the completion of the Unit or the Development Scheme, provided that the aforesaid Architect has certified that the Section has been completed in accordance with Annexure "B" and Annexure "C".
8.5. The under mentioned items are excluded from any express or any implied warranty by the Seller namely:
8.5.1. Defects in the section or the Development Scheme or the Extension Phase or any improvements the...
voetstoots. SALE – WARRANTIES The property is sold -
10.1. In its present condition, "voetstoots", without liability on the part of the Seller for -
10.1.1. any defects, latent or patent, in the property; or
10.1.2. any damages suffered by the Purchaser by reason of such defects;
10.2. Without any warranties of any nature, either express or implied, other than any set out in this Agreement;
10.3. Subject to -
10.3.1. all conditions and servitudes set out or referred to in the current or prior title deeds;
10.3.2. All other conditions and servitudes which may exist in regard to the property.
10.4. The Purchaser acknowledges that, to the extent the Purchaser deems necessary, the Purchaser -
10.4.1. Has inspected the property;
10.4.2. Is acquainted with the nature, condition, extent and locality of the property and with the position of the beacons in respect of the property, which beacons the Seller shall not be obliged to point out to the Purchaser;
10.4.3. The Seller shall not be liable for any deficiency in the extent of the property which may be revealed on any resurvey of the property, nor shall the Seller benefit by any excess.
10.5. The Seller warrants that neither the property nor any portion of the property has been expropriated and that the Seller is not aware of any circumstances which are likely to give rise to such an expropriation.
10.6. The Seller warrants that the property and the improvements on the property comply with all laws which apply to the property and the improvements.
voetstoots. The voetstoots clause is void through the warranty provisions in the CPA. In particular, s 54 provides that services must be warranted (including the goods that are installed or maintained with the service). Section 55
voetstoots mean? The clause means that the property is sold “as it is” or “as it is”. The buyer therefore acquires the property with all patent and hidden defects. To put it simply, apparent defects are defects that are visible to the naked eye and do not require expert opinion, hidden defects, which would not normally be detected during a normal inspection, such as a leaking roof. Patent defects are always the buyer's responsibility, unless otherwise stated in the contract. Xxx xxx Xxxxx x. Xxxxx 1991 (2) SA 1 (A) van der Merwe x. Xxxxx is a leading authority on the Voetstoots clause. The case sets the main criteria for assessing the Seller's liability for the property sold and states that the seller is deprived of protection according to the above provisions. The clause under the following circumstances:- a) when the seller knew about the defects of the property in concluding the contract; and b) the seller (mino) deliberately concealed the existence of a defect with the intention of expropriationBuyer. Obviously, xxx xxx Xxxxx vs Xxxxx submitted difficult evidence of the buyer, because the buyer had to prove that the seller was aware of the defect and the intention of deceiving the buyer to manage the seller to protect the protection according to the Voetstooth clause. In the past, the seller often easily rejected the second phase of this fraud test. Xxxxxx and other vs Duckar and other
voetstoots means that the property is sold “as is” or “as it stands”. Accordingly, the Purchaser purchases the property with all the patent and latent defects. Simply put patent defects refers to defects that are visible to the naked eye and don’t require expert inspection whereas latent defects refer to defects that one would not normally discover with normal inspection e.g. in this matter the underground pipelines connecting water to the dam. The Purchaser is always liable for patent defects unless the contract provides otherwise, as per clause 8 of the Conditions of Sale mentioned above.
voetstoots means the action of buying something “as is”;
voetstoots means the selling or purchasing of goods or assets at one’s own risk, without warranties nor guarantees as to the condition and/or the fitness of the goods or assets for a particular use otherwise known as “as is, where is” and “in its present condition” whereby Purchasers are responsible for examining and judging the goods or assets for their own protection.