Quick Answer: 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..

How long after buying a used car can you return it?

If you decide to return the used car, you must return it to the dealer within two business days by closing time (unless the contract gives you more time). You must return the car under these conditions: With no miles in excess of what the contract allows. (The contract must allow for 250 miles.)

What are latent defects in a property?

Latent defects are defined as material defects in real property or an improvement to real property that: (a) a buyer would not reasonably be expected to ascertain or observe by a careful visual inspection of the property; and (b) would pose a direct threat to the health or safety of the buyer or an invitee or occupant …

What does Voetstoots mean in law?

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 are the implications of the Voetstoots clause in an agreement?

The effect of such a clause is that “the seller does not take the risk of the presence of any diseases or defects, but is liable for misrepresentations of any kind”. Disputes may arise between the parties as to whether goods sold were subject to voetstoots clauses or not.

Can I return a vehicle after purchase in South Africa?

The Consumer Protection Act (CPA) entitles consumers to a replacement or a refund on defective goods, within the first six months after purchase. But it’s not that simple when it comes to cars, the Motor Industry Ombudsman of South Africa explains.

Where can I complain about a car dealership in South Africa?

Motor Industry OmbudsmanWebsite: www.miosa.co.za.Telephone: 0861 1 MIOSA (0861 1 64672)

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.

Can a house be sold Voetstoots?

Selling or buying a property voetstoots means that the property sells in the condition in which it is at the time of sale. … It will however be the duty of the purchaser to prove that such fraudulent concealment was committed by the seller, by proving: That the seller knew of latent defects and didn’t disclose it; and.

Can you complain after buying a house?

In most cases, if you buy something and are unhappy with your purchase, you can go back to the seller and ask for a refund. However, it does not usually work that way with property. When you buy a property, you must take responsibility for uncovering any problems with the property before the purchase goes ahead.

What is Voetstoots in English?

Definition of ‘voetstoots’ 1. denoting a sale in which the vendor is freed from all responsibility for the condition of the goods being sold. adverb. 2. without responsibility for the condition of the goods sold.

What is latent and patent defects?

Patent defects are those which can be discovered by reasonable inspection. Latent defects are those which cannot be discovered by reasonable inspection; for example, problems with foundations which may not become apparent for several years after completion when settlement causes cracking in the building.

What happens when a seller fails to disclose?

Failing to disclose or concealing a defect can lead to a variety of potential damages. First, buyers can sue for breach of contract and intentional misrepresentation and seek either rescission of the sale or the costs to repair the alleged defects.

What is latent defect period?

It is the nature of construction projects that faults and defects caused by failures in design, workmanship or materials, may not become apparent or readily detectable (even with the exercise of reasonable care) until many years after completion of the project, long after the end of the defects liability period.

Can I return a used car if it has problems?

Whether you’re buying from a private party or a dealer, a used car usually cannot be returned. … This means that the buyer is willing to take a chance with the car — even though there might be problems with it. Some used car dealers may offer a warranty or guarantee — just make sure you get the terms in writing.