Voetstoots Contracts: 7 Checks before you sign

• A voetstoots clause shifts risk to buyers, but does not protect sellers who hide known defects.
• Buyers must inspect thoroughly and document everything before signing to avoid costly disputes.
• Verbal promises mean nothing, only written, signed terms carry legal weight in a voetstoots agreement.

Understanding ‘Voetstoots’: What it really means

“Voetstoots” is a familiar term in South African property and second-hand sales, but often misunderstood.

In simple terms, it means buying or selling something “as is”, with the buyer accepting the item or property in its current condition. On the surface, this appears to favour the seller, but the legal reality is more nuanced.

While the clause shifts much of the risk to the buyer, it does not give sellers the right to conceal defects or misrepresent the condition of an asset. If this happens, sellers can still be held liable.

The challenge? Proving this after the fact is often difficult and expensive.

7 Critical Checks before signing a ‘voetstoots’ contract

1. Confirm the clause exists

‍Not all agreements are automatically voetstoots. The clause must be clearly stated in the contract. Without it, standard consumer protections apply.

2. Understand what ‘as is’ really means

Voetstoots does not mean “no responsibility.” Sellers must still disclose known defects. Concealment or misrepresentation can invalidate the protection.

3. Identify and record defects

• Patent defects (visible issues): Must be noted upfront
• Latent defects (hidden issues): Must be disclosed if known

Buyers should ask direct questions and ensure all responses are documented and attached to the agreement.

4. Do proper due diligence‍

For property transactions, check: 

• Electrical, plumbing, gas and solar compliance
• Approved building plans
• Structural integrity

For vehicles:

• Service history
• Roadworthy certificates

Independent inspections are essential, not optional.

5. Put everything in writing 

Verbal assurances carry no legal weight, if: 

• A seller agrees to fix something
• A deal depends on finance or inspections

It must be written into the contract and signed by both parties.

6. Know the cost of walking away‍

Once signed, a contract is legally binding.

Cancelling can trigger:

• Agent commission claims
• Legal costs
• Financial penalties

Only limited conditions allow withdrawal without consequence.

7. Apply this beyond property‍

Voetstoots clauses extend beyond real estate: 

• Second-hand vehicles
• Online marketplaces
• Certain lease agreements

The rule remains: inspect, question, document.

Get legal guidance before you commit

‍

“Checking the details and seeking legal guidance can mean the difference between a smooth transaction and a costly mistake,” says a spokesperson from Clientèle Legal.

‍

Legal support ensures:

• You understand your rights and obligations
• Risks are identified upfront
• Contracts reflect what was actually agreed

Importantly, access to legal advice should not be limited by cost, especially when the financial consequences of getting it wrong can be significant.

Last thoughts‍

Voetstoots agreements are not inherently risky, but blindly signing them is. 

• Buyers carry more risk
• Sellers still carry legal obligations
• The contract is everything

The bottom line: Inspect thoroughly. Document everything. Get legal clarity before you sign.

Because in a voetstoots deal, what you don’t check upfront…can cost you later.

‍