There is definitely much to be said about Voetstoots and the CPA (Consumer Protection Act). One common misunderstanding is that the CPA applies to all property transactions. This is not true - the CPA will only apply if the seller is selling the property in the ordinary course of their business. A typical example is where a developer sells a property to an individual purchaser.
However, when an ordinary seller and purchaser of a property is involved in a property transaction then the voetstoots principle may be included into a sale agreement for the benefit of the seller and depicting the property as being sold "as is". A short note on how voetstoots works: It protects sellers from comebacks if he was honest – ie if he made known defects he was aware of and did not fraudulently conceal these.
'Voetstoots' is a Roman-Dutch term used to describe the action of buying something as is; as it stands and in whatever condition it is. It is essential that all sales of properties purchased second hand, which properties are expected to have deteriorated through normal wear and tear, or which may be defective to some extent as a result of constant use, or through natural decay over a period of time, be sold "as is".
Contact our professionals on 041 363 6044 or info@kaplans.co.za for sound legal advice.
