Nicolien Stapelberg Properties

Nicolien Stapelberg Properties In life you get what you put in. When you make a positive impact in someone else’s life, you also Richard Branson

My Interest in life comes from getting myself huge, apparently unachievable challenges and trying to rise above them. Richard Branson

Train people well enough so they can leave, treat them well enough so that they don't want to.

28/08/2026

Your non-negotiables should be the things that will genuinely affect your day-to-day life, such as...

28/08/2026

Trust is not built on how many properties you have sold; it is built on how well you understand...

Enjoy Woman’s Day🫢🏻🌸
09/08/2026

Enjoy Woman’s Day🫢🏻🌸

07/08/2026

𝗗𝗔𝗠𝗣, π—Ÿπ—”π—§π—˜π—‘π—§ π——π—˜π—™π—˜π—–π—§π—¦ 𝗔𝗑𝗗 𝗣𝗨π—₯π—–π—›π—”π—¦π—œπ—‘π—š π—©π—’π—˜π—§π—¦π—§π—’π—’π—§π—¦ – 𝗑𝗒𝗧 𝗔𝗦 π—¦π—œπ— π—£π—Ÿπ—˜ 𝗔𝗦 𝗬𝗒𝗨 π—§π—›π—œπ—‘π—ž

When purchasing property, it is not uncommon for the offer to purchase to include a voetstoots clause. A voetstoots clause simply means that the property is purchased as is, at the purchaser’s risk. Latent defects are those defects present at a property which are not known to a seller and could not be easily found through a reasonable inspection of the property at the time the offer to purchase is signed. Defects are often a cause of conflict and are especially problematic in the realm of contracts of sale in that they affect the use and value of the property in question. Where the property is not necessarily free of defects, purchasing a property voetstoots may become problematic. Nowhere is this clearer than where damp is concerned.

Damp refers to the presence of moisture in a property which, if left untreated for a prolonged period, may result in rapid and serious structural deterioration which affects the use, enjoyment and value of a property. Damp as a defect usually occurs as a latent defect as it is a structural flaw that is not easy to spot even through a reasonable inspection of the property and often may even require professional assistance to identify. The general rule concerning latent defects in South African law, is that the seller is not liable for defects that were unknown to them, and such defects will fall within the ambit of the voetstoots clause.

When can a seller by held liable for latent defects? - Case law confirms that the liability for latent defects may arise from two sources namely: through contractual terms, and the other source where liability for a latent defect may arise is where the seller deliberately and fraudulently conceals the defect.

Therefore this means that sellers cannot rely on the nature of damp as a latent defect as a means to escape liability especially where a series of paint jobs and remodeling has occurred on the property; in such instances, the seller ought to have reasonably known that the property was afflicted with damp, which should then be declared to the purchaser to avoid any liability for the repairs of such damp. We suggest that any and all damp is always declared to a purchaser.

Click on the link below to read our MCPurchasersGuide:
https://mcvdberg.blob.core.windows.net/guides/PurchasersGuide%20-%20with%20cover%20page.pdf

30/07/2026

The agencies that embrace artificial intelligence responsibly will become more efficient and more...

30/07/2026

Every seller signing a sole mandate deserves a straight answer before they commit their property to...

30/07/2026

Experienced agents spend years building these relationships and marketing themselves, making it...

30/07/2026

As one of the largest assets a person will typically own, it is important to get the sale of a home...

30/07/2026

The electrical Certificate of Compliance, or CoC, is not a suggestion. It is a legal requirement.

30/07/2026

The body corporate plays a pivotal role in maintaining the complex, enforcing rules, and managing...

Address

Polokwane

Opening Hours

Monday 09:00 - 16:00
Tuesday 09:00 - 16:00
Wednesday 09:00 - 16:00
Thursday 09:00 - 18:00
Friday 09:00 - 18:00
Saturday 08:00 - 13:00

Telephone

+27716724612

Website

Alerts

Be the first to know and let us send you an email when Nicolien Stapelberg Properties posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Shortcuts

Share

Category