Quick Answer: Can You Sell A Car Voetstoots In South Africa?

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..

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 are my rights if I buy a car privately?

The Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.) You have a right to reject something faulty and you are entitled to a full refund within 30 days of purchase in most cases.

Is it worth selling your car privately?

In most states, selling your car privately will prevent you from getting a trade-in tax credit. … If saving money is your top priority, then we feel it’s definitely worth selling the car yourself, but if convenience and safety is at the top of your list, selling to a dealer is probably you’re best option.

Am I responsible for a car after I sell it?

In most states, used car sales are understood to be “as is.” This means the buyer understands that if something goes wrong after the car is driven away, it’s entirely his or her responsibility. That means that, as a seller, you’re not responsible for the car after it’s sold.

How do I transfer ownership of a car in South Africa?

What you should doThe seller must complete the NCO form and submit it to their registering authority.The seller must hand over the registration certificate to the buyer.The buyer must complete the Application for registration and licencing of motor vehicle form (RLV) for submission.More items…

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.

What is Voetstoots sale agreement?

The voetstoots clause is a provision in the agreement which stipulates that the purchaser buys the property from the seller as it stands and thereby indemnifying the seller against claims for damages in respect of any defects on the property, whether patent or latent.

Does Voetstoots still apply?

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. …

How do I sell a car privately in South Africa?

What paperwork do you need to sell your car privately?Identification. … Proof of ownership certificate. … A settlement letter. … Notification of Change of Ownership. … Vehicle Registration Certificate. … Proof of sale. … RWC (Roadworthy Certificate) … Service history and receipts.

What does Voetstoots mean in English?

without responsibilityDefinition 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 documents are required for vehicle change of ownership in South Africa?

The seller must complete and submit form NCO (Notification of Change of Ownership), Your Identity Document (ID), The vehicle registration certificate (in the seller’s name) The roadworthy certificate is required for licensing, if the current certificate is older than sixty days.

Can I sue a private seller for selling me a bad car?

In the US, just about anyone can sue just about anyone else for just about anything. But you’re going to have to prove that they knew the car had problems before selling it to you, or you’re going to lose that lawsuit in a matter of minutes.

Can you return a car to private seller?

After a vehicle is sold from one private party to another, the buyer can ask for their money back, but the seller generally does not have to agree to cancel the sale, absent a warranty or fraud.

Can I return a vehicle after purchase in South Africa?

✓ A consumer who has bought a 2nd hand vehicle that exhibits defects within a period of 6 months of buying it, has a right in terms of the CPA to return the vehicle to the dealership for repair or replacement of faulty components or a refund of money paid for the vehicle.