Voetstoots Agreement

Although the Voetstoots clause is intended to protect the seller, our South African case law and law provide for certain cases in which the seller cannot invoke the Voetstoots clause as a defence in a claim for damages. In summary, the Voetstoots clause is a common law principle that provides that when a buyer purchases goods in its current version, the buyer waives its right to appeal to the seller after a defect has been discovered, unless a buyer can prove that the seller was aware of the latent defect and did not disclose it to the buyer. Case law shows how courts treat the Voetstoots clause with respect to latent defects. However, the CPA gives the buyer the right to benefit from goods free of defects and places the buyer in a more favorable position. The Voetstoots clause cannot be included in sales contracts if the seller is acting within the scope and scope of its ordinary activities. For example, promoters cannot invoke the protection of the Voetstoots clause when they conclude a sales contract with a consumer protected by the CPA. Conversely, sales contracts between individuals who are not in the course of their normal business may include provisions of Voetstoots in the contracts. It should be noted that buyers who are legal entities whose annual turnover exceeds R2,000,000 do not benefit from the CPA. The Voetstoots clause is a common law principle and literally means “with a thrust of the foot”. This clause makes it possible to conclude a tacit guarantee in an agreement.

All contracts have an implied guarantee that the “thing” sold will be sold without defects, so the voetstoots clause means: what you see is what you get. When a buyer accepts the terms of a contract, he accepts the product as it is and waives his right to appeal to a seller in the event of a defect. It is important that not all buyers benefit from CPA protection. For the purposes of Article 5 (2), the law does not apply to a transaction where a consumer/buyer is a legal person with an annual asset or turnover exceeding R2,000,000 (two million rand). A purchase agreement between a seller and a buyer whose annual turnover exceeds R2,000,000 (two million rand) may include a Voetstoots clause, as such a transaction does not enjoy protection under the CPA. Impact of Law 68 of 2008 on consumer protection on the Voetstoots clause. The court found that although irregular floors were not considered defects, the seller nevertheless had a “parallel obligation” to disclose to the buyer unusual and unusual features of the property. The Voetstoots clause is a common law principle that literally means “with a kick.” This clause makes it possible to conclude a contract on the basis of a tacit guarantee in a contract. All contracts have an implied guarantee that the “thing” sold will be sold without failure, so the Voetstoots clause means that what you see is what you get.

When a buyer accepts the terms of a contract, he accepts the product as it is and waives his right of recourse against a seller when a defect is found. Impact of Law 68 2008 on consumer protection on the Voetstoots clause. In summary, the Voetstoots clause is a common law principle that refers to the fact that, when a buyer buys real estate as it is, the buyer waives its right to sue the seller after a defect has been discovered, unless a buyer can prove that the seller was aware of the latent delay and did not disclose it to the buyer. Case law shows how courts treat the Voetstoots clause with respect to latent defects. However, the CPA grants the buyer the right to be free from defects and places the buyer in a more favorable position. The Voetstoots clause cannot be included in sales contracts if the seller is acting in the course of its ordinary activities. . . .

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