Are Voetstoots clauses valid?

Are Voetstoots clauses valid?

Many people are under the impression that the Consumer Protection Act (CPA) has replaced the voetstoots clause when a property has been sold. “Indeed, the Consumer Protection Act states that defects include both patent and latent defects.” …

Is Voetstoots legal in South Africa?

In South African law the voetstoots clause is a standard term inserted into real estate – and many other – sale agreements. It says that the purchaser is buying the property or other item as it stands, whether or not it has patent or latent defects.

What implications will it have when you have purchased something Voetstoots?

The effect of having a Voetstoots clause in sale of property agreements is that there can be no claims against a seller for defects (whether patent or latent), after the purchaser agrees to buy the property as it appears at the time of the sale.

What is a Voetstoots clause?

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.

Can property be sold Voetstoots?

If a property is sold “voetstoots” the only responsibility of the seller is to disclose any latent defects of which the seller is aware. 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.

Can you sell a car Voetstoots?

A vehicle can be sold voetstoots only in a private sale; but that still does not mean that the buyer is left high and dry. In order for a car to be validly sold “voetstoots’ by a private seller; a full list of all known defects has to be provided to the buyer by the seller.

Can you sell property Voetstoots?

What is the Consumer Protection Act in South Africa?

The South African Consumer Protection Act, No 68 of 2008 was signed on 24 April 2009 and the purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to …

Does the Consumer Protection Act apply to private sales?

A private sale of property is not a transaction that falls within the ambit of the CPA as this would not be in the ordinary course of business. Importantly, not all purchasers benefit from the protection of the CPA.

Is it illegal to sell an unroadworthy car?

Selling an unroadworthy vehicle is illegal, unless the individual wants to purchase it for repairs or spare parts. You could also be accused of misleading the buyer if they make their intentions clear to you and you fail to reveal that the car would not be suitable for their needs.

Is the voetstoots clause permitted by the CPA?

Since the promulgation of the Consumer Protection Act on 1 April 2011 (CPA) there has been debate as to whether the voetstoots clause is permitted by the CPA.

Which is an example of a voetstoots clause?

This term means that property is sold ‘as it stands’ or ‘as is’. The ‘voetstoots’ clause as it is commonly known, is found in most agreements of sale of immovable property. An example of the wording of a voetstoots clause is as follows:

What was the voetstoots clause in Ellis v Cilliers?

By contrast, Ellis and Another v Cilliers NO and Others 2016 (1) SA 293 (WC), the purchasers successfully relied on the voetstoots provision as they could prove that the seller was aware of a range of defects that she failed to disclose to the Purchaser.

What was the impact of the Consumer Protection Act of 2008?

The Consumer Protection Act 68 of 2008 has changed the common law insofar as voetstoots provisions are concerned in certain instances. Impact of the Consumer Protection Act 68 of 2008 on the voetstoots clause

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.

What does the law say about Voetstoots?

What implications will it have when you purchased something Voetstoots?

Which Consumer Protection Act does not revive the use of Voetstoots clauses?

The Consumer Protection Act (CPA) has put a limitation on the application of the “voetstoots” clause in stating that “service providers or suppliers” can no longer rely on the clause to avoid liability for defects they were aware of and the CPA appears to eliminate the significance of the “voetstoots” clause.

Is Voetstoots in English word?

voetstoots in British English or voetstoets (ˈfʊtstʊts, ˈvʊt-) South Africa. adjective. 1. denoting a sale in which the vendor is freed from all responsibility for the condition of the goods being sold.

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 immovable property be sold Voetstoots?

The Voetstoots rule exception to the CPA An exception to this general rule found in the CPA is that the voetstoots clause can be used in relation to the private sale of immovable property. In effect the voetstoots clause therefore allows the seller to contract out of the implied warranty as found in the CPA.

What is the Consumer Protection Act 68 of 2008?

The purpose of this Act is to promote and advance the social and economic welfare of consumers in South Africa by: The establishment of a legal framework for the achievement/maintenance of a consumer market that is fair, accessible, efficient, sustainable and takes responsibility to benefit consumers in general.

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.

How do I sell Voetstoots?