The Voetstoets Clause - Latent Defects and Patent Defects

What does it mean when you buy a property "voetstoets"?

The voetstoots clause is a provision in the agreement which stipulates that the purchaser buys the property from the seller as it stands and thereby indemnifies the seller against claims for damages in respect of any defects on the property, whether patent or latent.

There are two types of defects:

A latent defect is a fault that would not readily be revealed by a reasonable inspection of the property being sold.
A patent defect is a flaw or defect that is not hidden and ought to be easily identified upon reasonable inspection.

It is a purchaser’s duty to acquaint himself with the general condition of the property when purchasing it, as the purchaser cannot later claim that he did not see patent defects.

This is especially important when buying a property at Auction, where inspection opportunity is limited.