Is Voetstoots still valid in South Africa?
The buyer usually cannot demand, as a matter of law, that the voetstoots clause be removed, as it will truly be rare that the seller will be in the business of selling properties. Hundreds of properties change hands in South Africa every day and most buyers are undoubtedly happy with their purchases.
Is Voetstoots still legal?
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.
Are Voetstoots clauses valid?
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.
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.
What does the CPA say about Voetstoots?
The common law principle of the voetstoots clause If a purchaser accepts terms in an agreement, they are accepting the product as is and renounces their right to claim against a seller if a defect is found. If a seller conceals a defect or fails to disclose a known defect, he cannot hide behind the voetstoots clause.
Can you still sell a car Voetstoots in South Africa?
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 a car Voetstoots in South Africa?
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 houses sold Voetstoots?
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 does the term Voetstoots mean?
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.
Does Voetstoots still apply for cars?
How do I sell Voetstoots?
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.
What is a voetstoots clause in South Africa?
South African courts have consistently held the view, however, that the inclusion of a voetstoots clause overrules any question of contractual misrepresentation by the Seller and the Buyer accordingly cannot cancel the sale on the grounds that the property purchased has been found to be worth less than the price offered.
Can a buyer avoid the consequences of a voetstoots sale?
‘It is trite that if a buyer hopes to avoid the consequences of a voetstoots sale, he must show not only that the seller knew of the latent defect and did not disclose it, but also that he or she deliberately concealed it with the intention to defraud.’
What does the CPA say about voetstoots?
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.
What does “voetstoots” mean?
The Meaning of “Voetstoots”. The word voetstoots is an Afrikaans terms generally used to effectively describe, in just one word, the action of buying something as is, that is just as it stands in whatever condition it is, warts and all.