Question: Can You Sell A Car Voetstoots?

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.

Consumer Protection Act

The voetstoots clause still applies to property transactions when the seller’s ordinary course of business is not property, such as individuals who are selling their own houses or apartments.

What is Voetstoots sale agreement?

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.

How do I sell my second hand car?

Essential paperwork

  • Write a receipt and make two copies – one for you and one for your buyer.
  • Complete and sends the V5C to the DVLA.
  • Give the new owner the car’s handbook, the keys (including any duplicate sets), the service logbook plus any receipts you have, and the MOT certificate if the car is over three years old.

Does Voetstoots still apply in South Africa?

Voetstoots Still Applies… in Most Cases. Many people are under the impression that the Consumer Protection Act (CPA) has replaced the voetstoots clause when a property has been sold. If either of the above does not apply, the Consumer Protection Act will not apply.

What is the effect of a Voetstoots clause in a contract of sale?

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 Voetstoots and how does it protect the seller?

The voetstoots clause is written into the agreement of sale for the protection of the Seller. The protection this clause gives to the Seller is that the Seller is not responsible for any defects which are in the property whether these be latent or patent.

How do I sell Voetstoots?

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.

What does it mean to sell a property as is?

To sell a home as-is means that you are selling the property in its current state, with an understanding that no repairs will be made and that the home will come with all its current faults and issues. When you are buying a home “as is” it’s typically spelled out in the purchase and sale agreement.

What is a patent defect?

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.

Can you go to jail for selling a car on finance?

This means that if you have a car on finance and you wish to sell it, you need to ensure that the finance is settled first. Although it is illegal to sell a vehicle that you know is subject to a finance agreement, that doesn’t necessarily mean that you can go to prison for it.

How much my car is worth?

The result is a clear picture of what your car is worth, or how much you should pay. You may pay less for a car with an accident, or more for a car without one. Only CARFAX gives you the VIN-specific price for every used car based on its history.

Where is the best place to sell a car privately?

Top 13 Sites to Buy and Sell Used Cars

  1. Cars.com. This site is still the gold standard for auto sales because they syndicate their listings so widely, and they have a huge inventory.
  2. AutoTrader.
  3. eBay Motors.
  4. Hemmings.
  5. Facebook Marketplace.
  6. CarGurus.
  7. TrueCar.
  8. Craigslist.

What is considered a latent defect?

In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. For example, the seller may be required to pay for repairs of any such damage.

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. The voetstoots clause absolves the seller from any liability for patent defects once an agreement has been concluded.