Ellis and Another v Cilliers N.O and Others (16936/11)
Ellis and Another v Cilliers N.O and Others (16936/11) [2015] ZAWCHC 145; 2016 (1) SA 293 (WCC) (9 October 2015)
The court found that the unlevel floors and remedial works constituted latent defects, as they were not visible or discoverable upon inspection and substantially impaired the ordinary use of the property. The sellers were aware of these defects and failed to disclose them, thereby acting fraudulently and defeating the protection of the voetstoots clause. The court adopted a liberal approach to the definition of latent defects, holding that any unusual feature hindering renovation or ordinary use must be disclosed. The sellers' failure to inform the buyers placed the parties on unequal terms a…
Source excerpt
- Voetstoots Clause
- Latent Defects
- Duty To Disclose
- Aedilition Remedies
- Fraudulent Non Disclosure