Where there is a defect in the house which is not apparent on a careful inspection, the seller is liable for those defects ONLY if he or she knew about them. The voetstoots clause in the agreement of sale will not take away the seller’s liability. In other words, the seller has a duty to reveal to the buyer any latent defects that the Seller is aware of.
As a possible remedy, the seller may be called upon to refund part of the purchase price or even to accept cancellation of the entire sale, depending on the nature or extent of the defect.
