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


  • 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.


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.

Previous manuals in this series

The two previous manuals dealt with the following:

  • Part 1. Underlying legal principles. How to avoid the pitfalls that may end up in claims of professional negligence, a prerequisite to the effective drafting and evaluation of Agreements of Sale.
  • Part 2. Practical application: specific clauses. Three contentious clauses: Offer and Acceptance, Method of Payment including the issue of 'rouwkoop', and Suspensive Conditions.

Compiler - 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 Centre for Legal Compliance. He has established himself in legal training through his study notes on conveyancing practice and the lectures he has presented at various centres throughout the country for over 21 years 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. Gawie is also involved in the property market as an active investor. He is the managing director of two private property investment companies.

Seminarnotes Cover


R790 - One set
R980 - Both Eng & Afr sets
(value of 2nd set - R190)

Gawie le Roux
Gawie le Roux