Property seller loses appeal relying on voetstoets clause
A Pretoria property owner has lost his appeal against a ruling which ordered the reimbursement of R600 000 to the buyer in a defective land sale.
According to The Mercury, the appeal was dismissed by the Gauteng High Court (Pretoria).
It came after the court ruled in 2023 that the seller and director of Bondcor, Werner Serfontein, failed to disclose the latent defect on the land and should refund the buyer.
The buyer, Daphney Chuma, has been embroiled in a legal battle with Serfontein after buying vacant land in Centurion in September 2017. She paid a deposit of R270 000 and eventually settled the R600 000 purchase price.
She also paid over R37 000 for transfer fees and other costs.
Chuma’s dreams were dashed when the municipality disclosed that the land lay on unstable dolomitic ground, necessitating a costly stability investigation.
Following an assessment, it was revealed the land posed a high risk for sinkholes and had no resale value from a residential perspective.
In 2023, the court ruled in Chuma’s favour, ordering Serfontein to refund her purchase price, costs and interest.
In his appeal Serfontein submitted he was not aware of the latent defect when he sold the property. He said there were approved building plans and a geological report prepared in 2001 by Johann van der Merwe.
However, he claimed that he did not inspect either.
Chuma alleged Serfontein had intentionally concealed crucial information.
The court ruled against Serfontein, stating the voetstoots clause does not shield a seller from liability if they are found to have knowingly concealed defects.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
