Dispatch #084
Slow Money, Straight Money
Does a voetstoots clause protect a seller who hides a defect? Not when the buyer can show the seller knew about it and kept it from them. The clause covers faults the seller was unaware of, and that limit is what makes hiding a problem such an expensive shortcut.
Here is the fast version. The roof over the main bedroom leaks every summer. Before the show day the ceiling gets a fresh coat of paint and the wardrobe moves a little to the left, and the house sells quickly at a good price. Then the first heavy storm after transfer brings the stain back, and the new owner starts asking the neighbours and the roofer what everybody knew.
The straight version is slower. The leak goes onto the disclosure form, a roofer quotes, and the seller either repairs it or prices it in. Some buyers walk away and the sale takes longer. I think that is the real trade, because the money from a straight sale is finished at registration, while the money from the fast one can come back as a claim with legal costs attached.