A voetstoots clause in a contract of purchase and sale deprives the purchaser from cancelling the contract and claiming restitution if a latent defect is discovered after the contract is concluded. However, this defence is not available to a seller in the case where he or she was aware of the latent defect and failed to disclose it to the purchaser before the conclusion of the contract. In such a case the aedilitian remedies are available to the purchaser which include of relevance in this case the actio redhibitoria.
Regards,
Allen West
TONKIN CLACEY PRETORIA
012 346 1278
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