Voetstoots is a term used in South African law, especially in property transactions, that means "as is" or "without any warranty." When a property is sold voetstoots, it means the buyer accepts the property in its current condition, and the seller is not liable for any defects or issues that may arise after the sale.In other words, if a property is sold voetstoots, the buyer cannot later demand repairs or compensation from the seller for any defects that were not disclosed, even if the buyer discovers problems after moving in. However, this does not apply to any defects the seller knowingly withheld or deliberately failed to disclose.It`s a common clause in property sales agreements, particularly for second-hand properties, to protect the seller from future claims about the property’s condition. However, it’s important to understand that there are two types of defects that may come into play when a property is sold voetstoots:1. Patent DefectsPatent defects are obvious issues or faults that are visible or easily detectable upon inspection. For example, a crack in the wall, damaged flooring, or a broken window would fall under patent defects. These are defects that the buyer should reasonably be aware of or could have discovered through a proper inspection.Voetstoots clauses usually apply to patent defects, meaning the buyer accepts these visible or discoverable issues when buying the property.2. Latent DefectsLatent defects, on the other hand, are hidden problems that are not visible or easily detectable at the time of the sale. These may include issues like structural damage behind walls, plumbing problems, or electrical issues that weren’t immediately noticeable during an inspection.In the case of latent defects, the seller may still be held liable, especially if the seller knew about the defect and intentionally failed to disclose it to the buyer. If the seller was aware of a latent defect and did not inform the buyer, this could be considered fraud or misrepresentation, and the buyer might have grounds to claim compensation or demand repairs, even under a voetstoots agreement.SummaryWhen a property is sold voetstoots, the buyer accepts all patent defects (obvious issues) and cannot later hold the seller responsible for them.The seller, however, is still liable for latent defects if they were aware of the problem and did not disclose it to the buyer.The voetstoots clause primarily protects the seller from future claims about patent defects, but it does not absolve them of latent defects if there was dishonest concealment.