The Consumer Protection Act is not applicable when a sales transaction is concluded between private parties (in other words, when the seller is not acting in the ordinary course of his business).
Nevertheless, there are ways in which one can ensure that you are protected when concluding a private sale agreement. Here are 3 things you can do when you are selling your car privately.
- a written agreement between you and the buyer.
It can be handwritten or typed, but it must be on paper or another format where both the seller and buyer can sign it. Our suggested wording is below- you can change it to fit with your transaction.
- a voetstoots clause
A voetstoots clause is a portion of the agreement that allows the seller to sell their car “as is”, with any defects and it means the seller doesn’t have the responsibility to repair any known or hidden defects that may be discovered by the buyer.
Buyers should inspect the car and rely on a mechanic to check the condition of the car before buying a car “voetstoots”.
This clause won’t protect the seller if he or she was aware of a defect in the car and intentionally hid that from the buyer. So as the seller you know you can’t be billed for the repair of any defect after the sale if you told the buyer about the defect before selling the car to them.
Example of a voetstoots clause:
“The car is sold voetstoots / as is”
- keep a signed copy of the sale agreement
Both you and the buyer must keep a signed copy of the contract so it is readily accessible and you can easily prove the terms you have agreed to.
Example of a car sale agreement:
SALE AGREEMENT: MOTOR VEHICLE
between:
Name: …………………..
Identity Number: …………………
(“the Seller”)
and
Name: …………………………
Identity Number: ……………………….
(“the Buyer”)
The Parties agree on the following terms:
1 Sale and purchase
The Seller sells the motor vehicle described as follows: …………………………………. …………………………………………………………………………………..(“Vehicle”) to the Buyer.
2 Price and manner of payment
The purchase price the Purchaser must pay the Seller for the Vehicle is R……………………….. Payment will be made by way of an immediate electronic bank transfer to the Seller’s bank account: ………………………………………………………………………….
3 Risk
The risk in the Vehicle will pass to the Purchaser on delivery, specifically on the handing over of the keys to the Buyer, which will be done immediately after the purchase price is shown to reflect in the Seller’s bank account.
4 No warranties, representations
4.1 The Buyer agrees that no warranties or undertakings have been given or made as to the state, condition or fitness of the Vehicle and the Vehicle is sold voetstoots.
4.2 The Seller confirms that he / she pointed out that the vehicle is second-hand and informed the Buyer of all latent or patent defects in the Vehicle that were within his / her knowledge.
4.3 The Buyer agrees that he / she has inspected it and has been informed of the Vehicle’s condition, and accepts it.
5 Roadworthy certificate
The Seller records that he / she has taken the necessary steps to make the Vehicle fit for a roadworthy certificate and delivers this certificate to the Buyer along with the Vehicle.
6 Registration
The Buyer must promptly register the Vehicle in his/her name.
7 Domicilium
The address of the Seller is: ………………………
The address of the Buyer is: ……………………….
SIGNED at …………………… on this ………………….. 2026
Witness:
| (Signatures of witness) | (Signature of Seller)
|
SIGNED at …………………… on this ………………….. 2026
Witness:
| (Signatures of witness) | (Signature of Buyer) |