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Latent Defect
A deck collapsed seven months after transfer. The buyers, convinced they’d been sold a raw prawn, headed to the courts. Eight claims and twelve years later, they haven’t recouped a cent. A 2026 Western Cape High Court judgment draws a sharp line between what the law protects buyers against and what it does not. “The...
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Time and again our courts are faced with property sellers who, when sued by buyers for hidden defects, try to hide behind a voetstoots clause in the sale agreement. They say, “The buyer bought the house ‘as is’ and can’t complain now”. But that can never protect a seller who has fraudulently concealed a defect....
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