How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WCLawyer Your Own Question

WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15439
Experience:  L.LB (UOVS)
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

Good Afternoon.... We sold a vehicle to a private person on

Resolved Question:

Good Afternoon.... We sold a vehicle to a private person on 25 June 2013. The vehicle belongs to our Trust. The person paid for the vehicle. A contract was drawn, also saying "in voetstoots kondisie". He took possession of the vehicle on 1 July 2013. On
31 July 2013 new owner phones, engine broken - overheating. We gave him a quote and accepted verbally the quote. He agreed to pay for the parts and we do the labour free of charge. He never paid for the parts as promised. After numerious smsses between him, he wants to bring the vehicle back. Also after driving more 3000 kms and sold the mags rims and 17" tyres. Do we have to take the vehicle back. Should we take the vehicle back,deduct the price of the mag rims and tyres, usage of the vehicle, etc.
Kindly give us feedback on this issue.
Kind Regards
S Retief
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.
Good day.

This is an info request to assist you better. Please continue on this thread.

Does the trust make its money through the sale of motor vehicles?
Customer: replied 2 years ago.

No not at all. It is a family trust.



Expert:  WCLawyer replied 2 years ago.
So this sale is a once off sale of a motor vehicle?
Customer: replied 2 years ago.

The answer is YES.


For estate purposes we prefer that our personal vehicles gets separated from the other mecanical repair business.

Expert:  WCLawyer replied 2 years ago.
In this instance, you would have no liability against the buyer because of the voetstoots agreement.

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.

Since you undertook to do the labour on the vehicle, you would be liable for that. This liability, as per the agreement or per your tender, would only accrue once the parts has been presented.

I hope this answers your question, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively. I do not get anything unless you rate the service
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15439
Experience: L.LB (UOVS)
WCLawyer and 2 other South Africa Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so so much for the feedback!!!! Another question I want to ask; at this stage as mentioned previously, the buyer has still not registered the vehicle in this or his business name. The yellow form is in his position (accidently). At the time when fetched the vehicle I was in hospital after a knee replacment. What advise could you possibly give to remove the vehicle from the Trust.


JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:



    Satisfied Customers:

< Last | Next >



    Satisfied Customers:

  • Emil's Avatar



    Satisfied Customers:

    BCom Law LLB, 3 years post article experience as attorney
  • LCP's Avatar



    Satisfied Customers:

    BCom (Stell) LLB LLM
  • Freddie Lombard's Avatar

    Freddie Lombard


    Satisfied Customers:

    Practicing attorney and conveyancer with 14 years post article experience.
  • Shaie Zindel's Avatar

    Shaie Zindel


    Satisfied Customers:

    All areas of commercial and contract Law - specialist in property advice.
  • inciteadvisor's Avatar


    Commercial Lawyer

    Satisfied Customers:

    B.Com LLB Registered Corporate lawywer
  • AntonSmith13's Avatar



    Satisfied Customers:

    LLB, LLM, Cert. International Law Attorney with 12 years experience