The Consumer Protection Act and the ‘Voetstoots’ Clause

Writer: LB Vorster.

In the previous article of this series the difference between patent and latent defects was discussed. The way in which the owner of immovable property would protect him/ herself against a claim by a purchaser based on defects not disclosed to the latter is to have a ‘voetstoots’ clause inserted in the agreement of sale.

Contrary to popular belief the introduction of the Consumer Protection Act (CPA) in 2011 has not entirely nullified the protection available to a seller of immovable property in terms of the ‘voetstoots’ clause.

Section 55(2) of the CPA stipulates that every consumer has a right to receive goods that:

1. are reasonably suitable for the purpose for which they are generally intended; 2. are of good quality, in good working order and free of any defects; 3. will be usable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply.

Click below to read more. (The full article can be found on page 14)