"Voetstoots" is a term from Roman-Dutch law, meaning "as is" or "with all defects." It is used in contracts, particularly in property and goods sales, to indicate that the buyer accepts the item in its current condition, with no claims against the seller for defects, whether visible or hidden.
In essence, when something is sold voetstoots, the buyer takes on the risk of any defects unless the seller actively concealed them or misrepresented the item.
How does it work Law today
For a voetstoots clause to be valid:
The buyer must be aware of the clause – It should be included in the contract or agreement. The defects must not have been deliberately hidden by the seller
– If the seller knew of a defect and did not disclose it, the buyer may have a legal claim. The buyer assumes the risk of defects
– Once the purchase is complete, the buyer cannot later claim compensation for any issues unless fraud is proven.
Does Voetstoots Still Apply Today?
The applicability of voetstoots depends on the country and the specific laws governing consumer protection and contracts.
South Africa (Strong Roman-Dutch Influence)
Voetstoots has traditionally been a key part of property sales and second-hand goods transactions. However, the Consumer Protection Act (CPA) of 2008 significantly reduced its power in consumer transactions.
If a transaction falls under the CPA (typically when a consumer buys from a business), voetstoots does not apply. The CPA requires sellers to ensure goods are of "good quality, free of defects, and fit for purpose." However, for private sales (e.g., between two individuals) or non-consumer transactions (e.g., company-to-company deals), voetstoots can still apply.
For example, if you buy a second-hand car from a private seller, the voetstoots clause may protect the seller from later claims about hidden defects. However, if the seller intentionally hid a defect (e.g., concealed an accident history), they can still be held liable.
Other Countries
Many countries have similar "as-is" clauses, but their enforceability varies:
Key takeaways
Voetstoots means "as is" and protects sellers from claims about defects unless fraud or misrepresentation is involved.
In South Africa, it still applies in private sales but is limited by the Consumer Protection Act (CPA). In many other countries, similar "as-is" clauses exist but are restricted by consumer protection laws.
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