Before signing a voetstoots contract, ensure you understand the implications and perform these 7 essential checks to protect yourself from potential pitfalls.
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The term ‘voetstoots’ is familiar to many South Africans, especially when buying or selling property or second-hand goods. It essentially means that an item is sold “as is”, placing most of the responsibility on the buyer once the deal is concluded.
While this may sound straightforward, the practical implications, and what both buyers and sellers need to check before signing, are often more complex than they first appear.
According to Statistics South Africa, property transactions remain a significant part of household investment, making it important that buyers and sellers understand the terms they are agreeing to.
Clientèle Legal explains what buyers and sellers should consider before concluding a voetstoots agreement:
Not all buy/sell contracts are automatically concluded on a voetstoots basis; the clause must be clearly stated. If it’s included, the buyer accepts the item or property with all defects, except if the seller has knowingly concealed them.
A voetstoots clause doesn’t give sellers free rein to hide problems. Sellers are still legally required to disclose the defects they’re aware of. If a seller conceals an issue or misrepresents the condition of a property or vehicle, they can still be held liable. For buyers, however, proving this after the fact can be difficult.
Visible issues, such as damp walls in a home or scratches on a car, are considered ‘patent’ defects. These should be noted during inspections and recorded in the contract. Hidden issues, like structural damage or engine faults, are ‘latent’ defects. Sellers should disclose these if known, and buyers should ask direct questions and ensure that the answers are documented and attached to the contract.
In property transactions, this includes reviewing compliance certificates for electrical, plumbing, solar, gas, and structural work, as well as having approved building plans. In vehicle sales, it may involve service histories and roadworthy certificates.
As Clientèle Legal states: “We always encourage buyers to insist on an independent inspection before signing. If you're unsure what to look out for or what your rights are going into that process, that's exactly where our 24/7 legal assistance comes in.”
Verbal assurances don’t override a written contract. If a seller promises to fix a defect, make sure it’s included as a condition, in writing. If a buyer’s offer depends on financing or an inspection, ensure these conditions are clearly stated. Any changes must be signed by both parties to avoid disputes later.
Once signed, a contract is legally binding. Cancelling after all conditions are met can result in high costs, including agent commissions and, potentially, legal costs. There are limited exceptions, such as when conditions are not met despite reasonable effort, for example, if a buyer cannot secure finance after signing an offer to purchase.
Voetstoots clauses can also apply to second-hand car sales, online marketplaces, and even some lease agreements. The same principles apply. Inspect thoroughly, ask questions, and keep records. If a deal feels rushed or unclear, pause before committing.
“Checking the details and seeking legal guidance can mean the difference between a smooth transaction and a costly mistake. It’s also important to know that cost should not limit your access to professional legal services,” says a Clientèle Legal spokesperson.
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