The third practice manual in this popular series
Gawie le Roux on Agreements of Sale
Practical application: The voetstoots clause

Background

  • More than 80% of the properties sold in South Africa are pre-owned properties,
  • representing transactions between private individuals,
  • which are not subject to the provisions of the CPA, meaning that
  • most sellers are still entitled to the protection provided by the voetstootsclause.

Unfortunately many sellers are being deprived of their common law right to rely on this much-needed protection against latent defects by badly drafted estate agents’ agreements and the so-called “property condition report” attached to them. The voetstoots clause does not exist in its own right. It is an age-old common law "antidote" the sole purpose of which is to counter the effect of the common law warranty upon a seller against latent defects in the property sold.

Content

The content of the manual is based on the common law principles applicable to the voetstoots clause as developed and laid down by our courts in recent and most important court cases. View the content here.

Aim of the manual

The aim of the manual is to equip the people who regularly draft, interpret and execute agreements of sale with the necessary theoretical and practical knowledge to enable them to draft better agreements of sale.

Bad drafting

Agreements of sale are drafted by property practitioners or even by laymen every time immovable property changes hands. But, to judge from the large number of court cases concerning agreements of sale that serve before the high courts in South Africa every year, there are some remarkable shortcomings and defects in the agreements drafted for both small and large transactions, by both professional and lay persons.

Presenter - Gawie le Roux

Gawie le Roux is an attorney, conveyancer and entrepreneur. He is also the director of the Centre for Conveyancing Practice and its sister entity, the School for Legal Training. He has established himself over the past 24 years as a training provider for the legal profession through his study notes on conveyancing practice and the lectures he has presented at various centres throughout the country to prepare to prepare attorneys and candidate attorneys for the conveyancing examination. Under his guidance a successful course to prepare candidates for the notarial examination has also been developed. The seminar series on the Agreement of Sale is an initiative of Gawie’s which has proved to be very popular among conveyancers, litigation attorneys, estate agents and general property practitioners. Gawie is also an active investor in the property market, both in his personal capacity and as managing director of two private property investment companies.

Seminarnotes Cover

 Price

R890 - One set
R1180 - Both Eng & Afr sets
(value of 2nd set - R290)

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