Voetstoots – what does it mean?

Property sales agreements usually include a “voetstoots” clause. In South African law, the term voetstoots means “as is” or “with all faults”. When a property is sold voetstoots, the buyer agrees to accept the property in its present condition, including any defects or issues that may be present at the time of the sale.

This means that the seller is not responsible for any defects or problems that the buyer discovers after the sale is completed unless the seller deliberately concealed them. The buyer is expected to have inspected the property thoroughly before agreeing to purchase it and is responsible for any repairs or improvements needed after the sale.

But the voetstoots clause does not exempt the seller from his legal obligations to disclose any known defects or issues with the property. If the seller knowingly conceals defects or misrepresents the condition of the property, he cannot rely on the voetstoots clause. He may still be held liable for any damages that the buyer incurs as a result. The buyer may elect to cancel the contract or negotiate a reduction in the sale price, or even take legal action to resolve the issue.

A voetstoots clause is important for both parties. If the seller discloses all latent defects, he can avoid claims down the road. The buyer, after a thorough inspection, can make his offer based on the condition of the property, knowing what expenses may come his way in terms of repairs and renovations.

Can the seller remove fixtures?

You’ve bought a property, waited for bond approval, signed all the documents, and now the date of occupation has arrived. The estate agent hands over the keys and you’re ready to move in.

Of course, the property will look quite different to what you saw on show day. Once the furniture is gone, it usually does look rather appalling. You’re mentally prepared for that. But not for the missing water fountain in the garden, the empty space where the built-in shelves should be, and the glaringly absent awning over the carport.

These are fixtures you say, and they shouldn’t have been removed. And you’re probably right. But whether a seller can remove fixtures after the sales agreement has been signed depends on the terms of the agreement and the legal definition of what constitutes a fixture.

So what is a fixture? A fixture is a physical object that is permanently attached to the property and is considered part of the real estate. That means everything that’s built-in, bolted-on or otherwise attached, belongs to the property. Usually, these items are regarded as fixtures:

  • Alarm systems
  • Bathroom mirrors
  • Blinds
  • Built-in furniture
  • Ceiling fans
  • Curtain rails
  • Fitted carpets
  • Irrigation systems
  • Keys and remotes
  • Light fittings
  • Security cameras
  • Water fountains

Of course, the seller may have a garden shed or built-in bar that he wants to use at his next property. To avoid any misunderstanding and the unnecessary aggravation of having to resolve disputes down the road, rather list in the sales agreement the items that you agree will remain and those that the seller wants to remove.

Bottom line, a seller can only remove fixtures listed in the sales agreement.