Contract of sale

[Imvubu]

I'm selling SWAMBO's platkar to someone, as is / voetstoots. Does anyone have a basic wording I can use for a contract of sale. The buyer has had a good look at the car, test driven it and is getting someone else to check it for her. I have pointed out all the problems I am aware of, but don't want any hassles if something else crops up.

[Wolf-]

Voetstoets normally covers your a$$

[Arie]

IMO, I wouldn't get to involved with a contract, merely a letter to seller indicating to seller that you are selling the vehicle "Voetstoots", and only note the major defects that you have made the seller aware of. As long as you are not hiding anything, you should be fine. You cannot/should not be held responsible for something like a gearbox failing the next day. It is an unforseen problem, that would only be picked up by dismantling. Also make sure you fill in, I think the yellow form, which states that the car is no longer in your possession, just eliminates you getting any speeding fines etc.

Only an opinion

[JAN30]

Must have date on top
Your name and ID
New owner name and Id
cars info ( vin and enjin nr)
and as is
both sign and all is fine

[gazza1210]

I have always done the following:

" This agreement serves to confirm the sale of the following vehicle:
Date:
Vehicle make, model:
Year of first registration:
Engine number:
Chassis number:
Registration number:
This vehicle is sold "as is/voetsteots" and the buyer accepts that no liability shall be accepted or implied by the seller. Furthermore the vehicle will remain in the possession of the seller until full and final payment has been recieved and all monies have successfully been cleared.

SELLER'S NAME:__________ BUYER'S NAME:_______
SELLER'S SIGNATURE:_______- BUYER'S SIGNATURE:______
SELLER'S I.D.#:_________ BUYER'S I.D.#:_________

SELLER'S WITNESS NAME:______ BUYER'S WITNESS NAME:__
SELLER'S WITNESS SIG:_______ BUYER'S WITNESS SIG:___
SELLER'S WITNESS I.D.#:_____ BUYER'S WITNESS I.D.#____

Might be bit over the top but it probably stops the buyer ever considering trying his luck with you.

[Edgar tdi2.8]

Good day

Here is a basic contract for the sale of a second hand vehicle.

Just copy and paste the clauses you need.

Agreement for the sale of a used motor vehicle
MEMORANDUM OF AGREEMENT
entered into between:
(name of seller) of (address)
(hereinafter called “the seller”)
and
(name of purchaser) of (address)
(hereinafter called “the purchaser”)
WHEREBY IT IS AGREED AS FOLLOWS:

Sale and purchase
The Seller hereby sells to the Purchaser who hereby purchases upon the terms and conditions hereinafter set forth the motor vehicle described in the following schedule and hereinafter referred to as “the Vehicle.”

SCHEDULE

Year of manufacture Make Type Registration number Chassis number Particulars of all accessories included in the sale, such as spare wheels, tools, radio, air conditioning unit, keys, service book



Price and manner of payment
The price payable by the Purchaser to the Seller for the Vehicle is the sum of R ................ (................ RAND) payable as to a deposit of R ................ (................ RAND) upon the signing of this agreement and as to the balance of the purchase price by (state number) monthly instalments of R ................ (................ RAND) each, payable on or before the first day of each and every month, commencing on the (day, month, year).

Place of payment
All payments shall be made to the Seller at his above addres or at such other address in the Republic of South Africa as he may indicate in writing to the Purchaser.

Place where vehicle to be kept
The Purchaser shall inform the Seller in writing of the address at which the Vehicle is to be kept and shall not, while any portion of the purchase price remains unpaid, remove the Vehicle outside the jurisdiction of the magistrate’s court for the district of (specify) without the written consent of the Seller, which consent shall not be unreasonably withheld.

Insurance
The Purchaser shall at his own expense cause the Vehicle to be comprehensively insured with an insurance company approved by the Seller for at least an amount equal to the purchase price and shall notify the said insurance company of the Seller’s interest in the Vehicle.

Risk
The risk in the Vehicle shall forthwith pass to the Purchaser who shall remain liable to pay the full balance of the purchase price despite any damage to or depreciation, loss or destruction of the Vehicle from whatsoever cause arising.

Restriction of purchaser’s rights
The Purchaser shall not sell, cede, assign, transfer or pledge the Vehicle or allow it to become subject to any lien of whatsoever nature or deliver possession thereof to any other person while any portion of the purchase price remains unpaid.

No warranties, representations
The Purchaser hereby agrees that no warranties or representations have been given or made as to the state, condition or fitness of the Vehicle which he takes with all faults and agrees to accept all risks of whatsoever nature.

Inspection
The Purchaser hereby acknowledges that the Vehicle is second hand, that he has inspected it and has satisfied himself that it is in good order and condition.

No waiver
No relaxation or indulgence granted by the Seller and no omission by the Seller timeously or diligently to enforce any right under this agreement shall be deemed to amount to a waiver of that or any other right.

Roadworthy certificate
The Seller shall take the necessary steps to render the Vehicle fit for a roadworthy certificate and shall deliver such certificate to the Purchaser prior to delivery of the Vehicle.

Registration
The Seller shall sign such forms and deliver to the Purchaser such documents as may be necessary to enable the Purchaser to register the Vehicle in his name.

Seller’s rights on purchaser’s default
Should the Purchaser fail to pay any instalment punctually on due date or commit a breach of any of the provisions of this agreement, the Seller shall be entitled to claim payment of the full outstanding balance of the purchase price by action in the magistrate’s court for the district of (specify) which the parties hereto agree shall have jurisdiction notwithstanding the amount involved.

Costs
The costs of drawing this agreement shall be borne by the parties hereto in equal shares.
SIGNED at (place) on this (day, month, year)
Witnesses:
1


2

(Signatures of witnesses)

(Signature of Seller)

SIGNED at (place) on this (day, month, year)
Witnesses:
1


2

(Signatures of witnesses)

(Signature of Purchaser)

[Botswana]

Always include a statement to the effect that you have no further interest, responsibility or accountability on the vehicle. (This clause is also used by fin institutions when they release your vehicle as titleholder once paid off....)

[Maml]

note the major defects that you have made the seller aware of. As long as you are not hiding anything, you should be fine.

'Voets toets' can turn around and bite you - if you do not disclose problems that you know of (or can be proven that you knew of, but didn't disclose)...go through the vehicle with a 'fine tooth comb' and ensure the buyer knows exactly what they're getting.
Probably overkill, but I would get them to sign 'acceptance' next to each major defect.
AA test report attached to the 'contract' normally adds value as well.

[SimonB]

Gazza's "contract" is pretty much identical to ones I have used in the past.

BTW, "voetstoets" and "shall not be liable" in this type of thing are not really worth the paper they are written on. If it can be proved you sold a vehicle with defects that you knew of but never made a the buyer aware of, you can be held liable for the repair.

Lets say I sold my pajero now without telling the buyer of the clutch problem, and I have voetstoets in the "contract", I can and will be held liable for the repair.

EDIT: Black 90 got there first...

[Imvubu]

Brilliant! Thanks for all the responses.

[DeVilliers]

Also try www.freelegaldocs.co.za

[Gallivanter]

Gazza's "contract" is pretty much identical to ones I have used in the past.

BTW, "voetstoets" and "shall not be liable" in this type of thing are not really worth the paper they are written on. If it can be proved you sold a vehicle with defects that you knew of but never made a the buyer aware of, you can be held liable for the repair.

Lets say I sold my pajero now without telling the buyer of the clutch problem, and I have voetstoets in the "contract", I can and will be held liable for the repair.

EDIT: Black 90 got there first...

'Voetstoots' is a legally accepted terms, which normally covers all the bases.

However, as Simon and Black90 mentioned, if you sell a vehicle with specific faults that you knew about but did not tell the buyer, the contract may become voidable on account of misrepresentation.

[jdjoubert]

Here's one I use.

[OFFROAD ADDICT]

Voetstoets (as is) is similar to a latent defect on a building. You cant hide something that you knew about. Thats fraud But if you didnt know about it , thats ok but but but !!!!!! hmmm hmm . Just be fair thats all.

[Imvubu]

I've already pointed out all the faults (mostly minor) that I could think of / remember when the potential buyer took it for a test drive. There's one more I remembered this weekend which I'll also let her know about. I'll also list them on the sale contract (cash deal) if she decides to go ahead.

The cars is definitely going voetstoots because I don't want the added hassle of fixing anything or getting it roadworthy. If this buyer doesn't like it, I've had another (better ) offer as well.

[Buri]

www.houseofcontracts.co.za/ has all kinds of contracts. I am sure you will find one. Good luck

[lance peters]

If its not currently roadworthy and you know it and the buyer knows it then you could always add 'sold for parts'!