Time and again our courts are faced with property sellers who, when sued by buyers for hidden defects, try to hide behind a voetstoots clause in the sale agreement.

They say, “The buyer bought the house ‘as is’ and can’t complain now”. But that can never protect a seller who has fraudulently concealed a defect. We illustrate this in the context of a devastating house fire caused by a dangerous and unlawful building practice. The High Court made short work of holding the seller/developer liable.