Importance of Defect List (Latent and Patent Defects)
Voetstoots clause
Means that the property is sold as it now lies. It’s the responsibility of the seller to maintain the property in its current condition until occupation or registration, whichever comes first. The seller provides no warranty in respect of the property and he/she/it is not liable for patent or latent defects, unless he/she/it knew about it and did not communicate it to the purchaser.
It’s very important that the seller points out any latent or patent defects so that it can be listed on the Offer to Purchase. The voetstoots clause will not protect the seller if he/she/it knew of the defect but does not tell the purchaser or disclose it. The seller will be at a risk of facing a civil action against him/her should the purchaser find a way of proving that the seller knew of the defect but failed to disclose it.
What is a Latent Defect?
A latent defect is a defect that is hidden and not easily seen such as hidden damp, leaking pools and structural problems which can’t be seen with the naked eye. Lack of building plans can also be a latent defect.
What is a Patent Defect?
A patent defect is a defect that is obvious and easily seen such as a large and noticeable crack in the wall.
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