Answer
Jul 05, 2023 - 03:32 AM
Hello there,
That's a good question. While we're not a legal house, we can advise where we can here. When dealing with a sale involving a dealership , the Consumer Protection Act will apply to protect both parties depending on what happens and the voetstoots clause doesn't apply. However, when you sell your car privately, the voestoots clause can apply to an extent. As the clause states, the vehicle is sold 'As is'. So the seller doesn't take the risk or responsibility of any defects the vehicle may have at the time of sale.
The Consumer Protection Act states that the application of its provisions are applicable to transactions that happen between a consumer and a seller who conducts the transaction in their normal scope of business. Hence why the act applies in a dealership sense. When conducting a private sale, the Consumer Protection Act doesn't apply here and that's when the voetstoots clause applies.
All the things you're considering like disclosing details and such is correct. However the voetstoots clause doesn't leave the buyer without legal recourse. If the car starts having mechanical issues after the sale, Common Law applies and the seller isn't exempt from liability in instances where they misrepresented or were aware of a latent defect and didn't disclose this. While the voestoots clause can be used as a defence on the seller's end, the buyer will have to prove to the court thaat the seller was aware or reasonably aware of the defect an intentionally concealed it to defraud the buyer.
In terms of wording you can add to the contract of sale, you can add clauses relating to full disclosure of the vehicle's condition, a voetstoots clause, vehicle inspection from a 3rd party business like DEKRA and clear limitations of liability to guard yourself from any damage and future problems after sale (Works in conjunction with full disclosure an inspection.)
If you're unsure, you can find some Contract of Sale templates online and you can consult a lawyer for further legal advice.
Hope this helps,
The AskAutoTrader Team.
That's a good question. While we're not a legal house, we can advise where we can here. When dealing with a sale involving a dealership , the Consumer Protection Act will apply to protect both parties depending on what happens and the voetstoots clause doesn't apply. However, when you sell your car privately, the voestoots clause can apply to an extent. As the clause states, the vehicle is sold 'As is'. So the seller doesn't take the risk or responsibility of any defects the vehicle may have at the time of sale.
The Consumer Protection Act states that the application of its provisions are applicable to transactions that happen between a consumer and a seller who conducts the transaction in their normal scope of business. Hence why the act applies in a dealership sense. When conducting a private sale, the Consumer Protection Act doesn't apply here and that's when the voetstoots clause applies.
All the things you're considering like disclosing details and such is correct. However the voetstoots clause doesn't leave the buyer without legal recourse. If the car starts having mechanical issues after the sale, Common Law applies and the seller isn't exempt from liability in instances where they misrepresented or were aware of a latent defect and didn't disclose this. While the voestoots clause can be used as a defence on the seller's end, the buyer will have to prove to the court thaat the seller was aware or reasonably aware of the defect an intentionally concealed it to defraud the buyer.
In terms of wording you can add to the contract of sale, you can add clauses relating to full disclosure of the vehicle's condition, a voetstoots clause, vehicle inspection from a 3rd party business like DEKRA and clear limitations of liability to guard yourself from any damage and future problems after sale (Works in conjunction with full disclosure an inspection.)
If you're unsure, you can find some Contract of Sale templates online and you can consult a lawyer for further legal advice.
Hope this helps,
The AskAutoTrader Team.
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