Tag Archives: Voetstoots clause

Consumer Protection Act: Is the Voetstoots clause still legal?

Common law principle of voetstoots

Under our common law, when a buyer buys goods there is an implied warranty that the seller sells the goods free from any defects. But if the goods are sold voetstoots, it means that the buyer takes delivery of the goods “as is” and without warranty. If goods are sold voetstoots and the buyer later finds out that there is a defect with them, the buyer would have no recourse against the seller.