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  03 - 2013 Validity of the VOETSTOOTS clause - March 2013
  05 - 2013 Who Will Rid Me of this Leaking Roof?
  05 - 2013 YOUR SECTIONAL TITLE LEVIES – ARE THEY VALID?
  06 - 2013 The Demolition Danger: Building Without Approved Plans
  08 - 2013 EFFECTIVE CAUSE OF SALE, BUT NO COMMISSION
  10 - 2012 Another milestone judgment that recognises the women’s matrimonial property rights in SA
   

 

03 - 2013 Validity of the VOETSTOOTS clause - March 2013
Author : The Supreme Court of Appeal of SA Judgment 

Neutral citation:     Banda v Van der Spuy (781/2011) [2013] ZASCA 23 (22
March 2013

Heard:          7 March 2013
Delivered:   22 March 2013                               

VOETSTOOTS:

Summary:  

Knowledge by the sellers of a house that its roof was latently defective and that repairs to it had not properly rectified the latent defect, which they fraudulently concealed, vitiated the effect of a voetstoots clause –
an alternative cause of action based upon a fraudulent misrepresentation by the sellers as to the existence of a guarantee in respect of the repairs, which induced the buyers to purchase the house – alternatively, agree upon the price, was causally related to the damage suffered, being the cost of repairing the roof – this was so despite the fact that the guarantee did not cover all of the defects which caused the roof to leak and sellers were unaware of an additional cause of the leak.

 

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