Does Voetstoots still apply for cars?
A vehicle can be sold “voetstoots” only in a private sale, but that still doesn’t mean the buyer is left high and dry. “In order for a car to be sold voetstoots, a full list of all known car defects has to be provided.
Are Voetstoots clauses valid?
They deliberately concealed it from the purchaser such as structural problems, damp, leaking roofs etc. But the law states that a “voetstoots” clause does not protect the seller against claims for latent defects that the seller knew about and deliberately concealed from the purchaser.
Does Voetstoots still apply in South Africa?
Voetstoots Case Law in South Africa It has been ruled by our courts that a seller cannot rely on the voetstoots clause if the seller was aware of a latent defect and deliberately concealed or failed to disclose it with the intention to defraud the purchaser.
Can I return a used car within 30 days South Africa?
“But it is rare to find a generous return policy for cars in South Africa. And according to van Zyl, there is no general cooling off period that applies to car sales. The consumer should therefore make sure that he is satisfied with the car before purchasing it.
What does it mean to buy a car Voetstoots?
The term voetstoots is a Dutch term which generally describes buying something “as is” and counters this implied right to defect-free goods. This means that a buyer agrees that they buy an item as it appears at the time of sale and cannot later claim against the seller if he finds certain defects.
What does the law say about Voetstoots?
The voetstoots clause is a provision in the agreement which stipulates that the purchaser buys the property from the seller as it stands and thereby indemnifying the seller against claims for damages in respect of any defects on the property, whether patent or latent.
What is meant by Voetstoots?
What are the implications of the Voetstoots clause in an agreement?
The voetstoots clause means that the goods sold, (for example a house), are sold “as is” (with all its flaws). When is a seller not protected by the voetstoots clause? The voetstoots clause is not absolute. The protection afforded by it depends on the seller’s honesty.
Which provision of the Consumer Protection Act does not revive the use of Voetstoots clauses?
The voetstoots clause cannot be included in sale agreements where the seller is acting within the course and scope of its ordinary business.
Can I get my money back after buying a used car?
If you’ve purchased a new or used car and you’re having second thoughts about it, in most cases, you won’t be able to return the car. The dealer who sold you the car is usually not legally obligated to take the car back and issue you a refund or exchange after you’ve signed the sales contract.
Can I return a financed car South Africa?
If you financed your car through a bank, handing back the keys is, in effect, a voluntary surrender. The dealer will take possession of the car with the aim of selling it to another dealer within three months, but there is no guarantee they will make the sale or that they will get the expected price.
Does the CPA apply to private sales?
Here’s the rub for buyers – the CPA applies only when the seller is selling “in the ordinary course of business”, so generally “private sales” will fall outside its ambit. In other words, if you buy a movable like a car from a trader or dealer, the CPA applies and overrides the voetstoots clause.
Is there a voetstoots clause in the Consumer Protection Act?
Recently in the press and on the television there has been much discussion about the voetstoots clause in property transactions particularly in light of the promulgation of the Consumer Protection Act which does not allow a voetstoots clause in an agreement.
When did the voetstoots clause come into effect?
Since the coming into operation of the Consumer Protection Act 68 of 2008 (CPA), there has been much interest on the position of the infamous voetstoots clause in relation to the CPA. The general view is that one would no longer be able to include a voetstoots provision in contracts if the transaction falls within the protection of the CPA.
Can a voetstoots clause be included in a CPA?
However, the CPA gives purchasers the right to goods which are free from any defects and places the purchaser in a more favourable position. The voetstoots clause cannot be included in sale agreements where the seller is acting within the course and scope of its ordinary business.
Can a voetstoots be included in a contract?
The general view is that one would no longer be able to include a voetstoots provision in contracts if the transaction falls within the protection of the CPA. A ‘transaction’ in terms of the CPA refers to agreements concluded in the ordinary course of business by a supplier and a consumer.