When you sell anything, our law requires that you deliver it to the buyer without any defects. That’s not easily achieved with property and you should always protect yourself with a voetstoots (“as is” or “without any warranty”) clause in your sale agreement.

But, as a recent High Court case involving a house with roof leaks, defective pool equipment and a list of other defects shows, that won’t protect you if you acted unlawfully in failing to disclose known defects to the buyer at the time of sale. 

It’s important here to understand the difference between “patent” and “latent” defects, and we suggest a way to avoid any disputes or accusations of fraud when selling.