27/10/2026
“But you bought it voetstoots.” End of story?
Not necessarily.
Voetstoots is one of those legal expressions that has made its way so successfully into everyday South African vocabulary that almost everyone knows it.
What isn't always understood is when it actually applies.
A private sale between two individuals and a transaction involving a supplier selling goods in the ordinary course of business aren't necessarily treated the same way.
Where the Consumer Protection Act applies, consumers have statutory rights relating to the quality and condition of goods - and writing voetstoots on an invoice doesn't automatically make those rights disappear.
Context matters.
So does the distinction between a defect, ordinary wear and tear, misuse and something a consumer was specifically told about before buying.
Three little words can be useful in a contract.
They aren't always a legal magic wand.
“The Consumer Protection Act (CPA) is pivotal in protecting buyers’ interests.
Under the CPA, sellers are obligated to disclose all known defects in the property, even latent ones." [Kayley Leverton, Senior Associate: Conveyancing, Commercial Law and Litigation]
When it comes to selling your property, there are certain disclosures you are obliged to make, even with voetstoots, failing which, you could be accused of misrepresentation and face a claim for damages from a disgruntled purchaser.