Quick Answer: Does The CPA Apply To Private Sales?

The CPA would protect a buyer who buys a car from a dealer.

However, a private sale of property is not a transaction which falls within the ambit of the CPA, as you were not acting within the ordinary course of your business, and therefore the common law position applies.

Does Voetstoots still apply?

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.

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.

What is the cooling off period when buying a car in 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 is a Voetstoots clause?

What is the voetstoots clause? 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 is an example of a latent defect?

Latent defect: This is a defect which is not apparent after ordinary inspection by a ‘reasonable man’. Some more examples of latent defects include damaged pipes in walls, leaking roofs (except where strain marks make the leak obvious) and defects such as dampness behind a cabinet.

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.

Can you sue a person for selling you a bad car?

Based on used car law, if your agreement has gone through and you fulfilled the terms of what you told the buyer, he generally may not sue you or get the money back. In most cases, a used car purchase sold between private individuals is an “as is” transaction with no warranty or guarantee implied by used car law.

Can you sell a faulty car?

The short answer is ‘YES’. You can sell a car with a blown engine. From a legal standpoint, your car has to be in the condition you describe it in. If your engine is blown and won’t start, it’s pretty clear to a buyer: they’re going to need to do some engine work.

What to do if you buy a used car and it has problems?

  • Get a Used Vehicle Information Package (UVIP)
  • Get a different mechanic to inspect the car.
  • Contact the dealer about the problem.
  • Make a complaint.
  • Apply to the Motor Vehicle Dealers Compensation Fund.
  • Think about going to court.

What are my rights when buying a secondhand car?

If you’ve bought a used car that turns out to be faulty, then you are covered by the Consumer Rights Act 2015. This means that you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car.

How do I reject a financed car?

Final right to reject – the first six months

If you have had the car for more than 30 days but less than six months, you have to give the selling dealer one attempt to fix the fault before moving to reject the vehicle. If the repair has not fixed the fault, you can reject the vehicle.

How long can I return a car after buying it?

Right to return the vehicle:

The buyer may return the vehicle to the seller within a 6 month period under certain conditions.