For decades, “voetstoots” on a car-sale invoice did exactly what dealers assumed: it shifted the risk for hidden defects onto the buyer. Then the Consumer Protection Act came along in 2011 and changed the rules for any dealer selling to a consumer. Here's where the clause still has teeth, where it doesn't, and the wording to use on your invoices today.
What voetstoots actually means
“Voetstoots” is an Afrikaans/Dutch term meaning “with a push of the foot” — effectively “as is.” In South African common law, a voetstoots clause in a sale agreement transfers responsibility for hidden (latent) defects from the seller to the buyer. The buyer accepts the goods in their current condition, defects and all.
The clause didn't protect a seller who knew about a defect and concealed it — that was always fraud and never enforceable. But for hidden problems the seller didn't know about, voetstoots was the seller's shield.
What the Consumer Protection Act changed
The Consumer Protection Act 68 of 2008 (the CPA) came into effect on 1 April 2011. Among many other things, it introduced an implied warranty of quality — section 56 — that applies to every sale of goods by a supplier in the ordinary course of business to a consumer.
The implied warranty gives the consumer the right, for six months after delivery, to return defective goods for a repair, replacement or refund — the consumer's choice, not the supplier's. And crucially, this right cannot be contracted out of. A voetstoots clause cannot waive a CPA right that has not yet arisen.
For a registered motor dealer selling a used vehicle to a private buyer, this means voetstoots can't override the six-month implied warranty. If the vehicle turns out to have a latent defect that materially affects its use, the consumer has CPA rights regardless of what the invoice says.
When voetstoots still applies
The CPA doesn't apply to every transaction. The most important cases for the motor trade are:
- Private seller to private buyer. If you're selling your own personal car to another individual — not as part of a business — the CPA generally doesn't apply. A voetstoots clause in that invoice or sale agreement still does the original common-law job.
- Sale to a juristic person above the threshold. The CPA doesn't protect a juristic person (company, CC, trust) whose asset value or annual turnover exceeds the threshold set by regulation (currently R2 million). A dealer selling a vehicle to a large corporate fleet operator can still rely on voetstoots in that contract.
- Auctions specifically conducted under the auction rules. Specific exemptions apply — speak to your auctioneer's legal team.
In all other day-to-day used-car sales by a registered dealer to a private buyer, voetstoots is largely overridden.
Why the clause still belongs on every dealer invoice
Three reasons:
- Clarity for the buyer. Many used-car buyers still believe voetstoots is the dominant rule. Stating it explicitly — alongside their CPA rights — sets expectations and reduces disputes.
- It still does something against patent defects. A patent defect is one the buyer could have seen on a reasonable inspection (a dent, a noticeable scratch, balding tyres). The CPA implied warranty is about hidden defects. Voetstoots still helps you defend against a buyer who later complains about something they obviously saw.
- It applies in the cases where the CPA doesn't. Trade-ins from companies, fleet sales, and any sale that falls outside the CPA still benefit from voetstoots.
Recommended wording
A defensible voetstoots clause on a 2026 dealer invoice should:
- State that the vehicle is sold “as is” / voetstoots;
- Confirm the buyer has inspected the vehicle and accepts its condition;
- Explicitly preserve any CPA rights the buyer may have where applicable.
“The vehicle is sold voetstoots (as is) in its current condition. The Purchaser confirms they have had the opportunity to inspect the vehicle and accept it in its present state — including any patent defects visible on reasonable inspection — save for any rights they may have in terms of the Consumer Protection Act 68 of 2008 where applicable.”
Have the buyer initial next to the clause and sign the invoice.
This wording does three things: (1) it asserts voetstoots, (2) it specifically references patent defects, where voetstoots still helps the dealer, and (3) it acknowledges the CPA carve-out, which a court will look for as a sign the dealer wasn't trying to contract around the consumer's rights.
Where to put it on the invoice
Three good options, in order of how strongly the clause is enforced:
- A separate signed sale agreement. The strongest position. The invoice references the agreement number, and the agreement has the full voetstoots wording with the buyer's initials next to it.
- A dedicated terms block on the invoice itself. The clause appears prominently on the invoice, above the signature line. The buyer signs the invoice and the signature is positioned so the clause sits directly above it.
- The invoice notes field. The weakest position. Better than nothing, but a buyer can argue they didn't see it. Avoid this if the sale is high-value.
What about “sold as a Code 3” vehicles?
Code 3 (rebuilt / previously written-off) and Code 4 (permanently demolished) vehicles bring their own disclosure obligations under the National Road Traffic Act. The voetstoots clause does not substitute for properly disclosing the Code status to the buyer — that disclosure must be explicit and acknowledged. Selling a Code 3 vehicle as if it were a Code 2 is misrepresentation, voetstoots clause or not.
The bottom line for dealers
Use voetstoots wording on every invoice, but don't rely on it to override the CPA. Inspect every vehicle before stocking it, document patent defects clearly in the listing, give the buyer a written description of the vehicle's condition, and keep records of any pre-sale disclosures. The voetstoots clause is now one layer of a defence-in-depth strategy, not the strategy itself.
This guide is general information, not formal legal advice. For specific cases — especially if you've been threatened with a CPA complaint or NCC referral — consult a South African attorney experienced in consumer law.