The third seminar 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 voetstoots clause.

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 of the seminar

The content of the seminar 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 seminar content here.

Who should attend?

Conveyancers, litigation attorneys and property practitioners who want to update their knowledge on the origin, purpose, legal effect, scope and application of the voetstoots clause.

Attendance of the previous seminars in this series is not a prerequisite to benefit from this seminar.

Comprehensive notes

Each attendee will receive a well-researched and comprehensive set of notes to use in practise.

Language preference and additional notes

  • You will receive the notes in the language of your choice as indicated on the registration page.
  • This means that you may attend an Afrikaans seminar with English notes, and vice versa.
  • You may also purchase an extra set of notes in either English or Afrikaans at an additional fee of R190.

Previous seminars in this series

The two previous seminars 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.

Notes of these two seminars can be ordered here.

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 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.

 

 

 

 

 

Dates and venues

Bloemfontein Afrikaans 21 October
George Afrikaans 24 October
Port Elizabeth English 25 October
East London English 26 October
Durban English 1 November
Cape Town English 2 November
Cape Town Afrikaans 3 November
Pretoria English 8 November
Pretoria Afrikaans 9 November
Johannesburg English 11 November
Register

Fees

R1,790 or
R1,590 for early registration*; or
R1,390 for very early registration*
10% discount on each of the above price levels for two or more people from the same law firm or company
* Cut-off dates for early fees on the registration page

Register

Half-day seminar

Registration: 08:00 - 08:30
Session 1: 08:30 - 10:30
Tea break: 10:30 - 11:00
Session 2: 11:00 - 13:00

Gawie le Roux
Gawie le Roux
Presenter

Frequently asked questions

Why a series of seminars?The topic is huge and cannot be presented in a morning or even a full day. This seminar will therefore be offered as a series over a period of five years, Deo volente, one or two per annum.


Would conveyancers and attorneys benefit from attending?The theoretical aspects of the agreement of sale for immovable property form a very small part of the syllabus for the conveyancing exam, where the emphasis is on the transfer procedure and the drafting of documents for the deeds registry. Furthermore, candidates are expected to have acquired the necessary knowledge of and skills in the drafting of contracts in the course of their university studies and in preparation for the admittance exam. The aim of this series of seminars is to transfer the minimum theoretical and practical skills required to draft a standard agreement of sale properly and with confidence.


Can I attend this second seminar without having attended the first?Yes, you can. You will still benefit from it because it is fairly independent from the first. Though the first seminar dealt with much needed theoretical background regarding the “general underlying legal principles” pertaining to agreements of sale, this seminar and those to follow are much more practical and focusses on selected clauses in an agreement of sale. However, to derive full benefit from the following and subsequent seminars, one would be well advised to attend the first seminar whenever it is repeated in future.


Would people other than conveyancers and attorneys benefit from this seminar?Yes, undoubtedly, because there are various property practitioners who deal with the drafting and interpretation of agreements of sale on a daily basis. These practitioners include estate agents, property portfolio managers, officials at banks and financial institutions, property investors, and property management and letting agents. The content is both academic and practical, but then agreements of sale have both an academic and a practical side to them. Anyone who has a serious interest in property should benefit from attending this seminar.