1. How the voetstoots clause operates:

In order to explain the working of the voetstoots clause, we need to distinguish between patent and latent defects. Patent defects is defects that is immediately visible, or visible after a thorough inspection of the item. Latent defects is defects that existed, but could not be seen so easily. It must be noted that we are talking about defects that existed when the agreement has been concluded and not defects that came into existence after the transaction has been concluded. Also, you should note that there is a difference between a defect that exists and a defect that manifests itself. For example, a smoke alarm can be defective before the conclusion of the sale, but the mistake only manifests itself if the thing does not go off.

When an agreement is concluded voetstoots, it means that the seller does not take responsibility for any of the latent or patent defects that existed at the time that the transaction was concluded. This means that all risk passes to the seller as soon as he pays for the thing.

A seller cannot claim voetstoots as a defence for latent defects if the seller knew of the defects and deliberately conceals the defect, so as to entice the buyer to buy. The burden of proof is, however, on the buyer to prove this. The buyer must, in other words, prove that the defects existed at the time of the sale, that the seller deliberately concealed it and that he did so because he knew the buyer was not going to buy, or were going to buy at a reduced price, if the defects were made known to him.

Only if a buyer can prove this, can the seller be held liable for those defects.

2. You have two things going for you here: The voetstoots clause itself and the fact that you told him that there is something wrong with the vehicle in that it leaks water. If you look at the above explanation, it is going to be hard for him to be able to argue that you hid the defect from him if you plain came out and told him about it. The inference being that he knew of the defect and accepted the vehicle with the defect.

3. I suggest you inform him of the above and let him know that he must come and fetch his vehicle.

If you are satisfied with the quality of my service, please rate me between okay service and excellent service in order for me to get paid for my work. If not, please choose to reply to expert and put your further questions for my consideration.

I cannot see why you should do that, since I do not believe that he will get past the voetstoots clause. Your attorney probably thinks that the Consumer Protection $Act is applicable (it is not) and therefore, voetstoots does not apply (which it does).