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Royalty2008

Selling vehicle Voetstoots

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Royalty2008

A vehicle has being listed on auction as Voetstoots. The listing closes tonight.

 

This is what I have read and fortunately I have asked to delete my bid because I couldn't get straight answers from the Seller as his response was I am a pawn shop, not a car bar. Why does he sell a vehicle on BoB, but does not even mention something simple i.e. air-con, etcetera. He could not. This is what is waiting for the winning bidder tonight.

 

I quote: "They were very iffy and said it can take up to 2 weeks to refund the money, deducting all kind of rediculous costs - therefor I went to the bank and reversed the pmt I made on Monday. F.Y.I. Voetstoots when buying a car means: If there are cosmetic faults to the vehicle, the seller is not liable, ie:- side mirror is broken. If there are mechanical faults, it is his duty to give you a written list of all the defects, before you buy the car. If he fails to mention any mechanical defects, he is liable to all fixing costs. Will he pay - well that's another question!"

 

Just worrying about that buyer.

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MiemsJewels
A vehicle has being listed on auction as Voetstoots. The listing closes tonight.

 

This is what I have read and fortunately I have asked to delete my bid because I couldn't get straight answers from the Seller as his response was I am a pawn shop, not a car bar. Why does he sell a vehicle on BoB, but does not even mention something simple i.e. air-con, etcetera. He could not. This is what is waiting for the winning bidder tonight.

 

I quote: "They were very iffy and said it can take up to 2 weeks to refund the money, deducting all kind of rediculous costs - therefor I went to the bank and reversed the pmt I made on Monday. F.Y.I. Voetstoots when buying a car means: If there are cosmetic faults to the vehicle, the seller is not liable, ie:- side mirror is broken. If there are mechanical faults, it is his duty to give you a written list of all the defects, before you buy the car. If he fails to mention any mechanical defects, he is liable to all fixing costs. Will he pay - well that's another question!"

 

Just worrying about that buyer.

 

And you can't even warn the buyer Royalty. What a pity!

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Royalty2008
And you can't even warn the buyer Royalty. What a pity!

 

I cannot bear that somebody has to lose his money in this way. Isn't there a way out for him? Unfortunately not, I suppose.

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admin
I cannot bear that somebody has to lose his money in this way. Isn't there a way out for him? Unfortunately not, I suppose.

 

Hi Royalty2008,

 

There is no need for concern for the buyer, it is clearly stated in the listing that the vehicle can/should first be viewed before bidding. This seller sold numerous vehicles before and did not get one negative rating for it yet.

 

As requested before, please post a link when referring to items. Thank you.

 

Car Auctions - CHANA BENNI LUX 2007 ### READ BEFORE BIDDING ### NO RESERVES for sale in Johannesburg (ID:39554934)

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Cali Craft and Gems

Out of interest, firstly the "voetstoets" clause fell away a few years ago and is not considered a legal term any more. I can't find the site where I got this info, but my mom's lawyer is using this info in her case of buying a "rotten" vehicle (long story).

 

But, also keep in mind that under the new CPA, there are other terms / rules that have to be adhered to - especially with regards to the sale of a used vehicle.

 

From Voetsek Voetstoets: CPA is Good News for Motorists! | Liberia Used Cars

 

"The common law principle of buying a car voetstoets, or what you see is what you get, is now a thing of the past – with the new law, consumers will need to be made fully aware of what they are getting themselves into. False, misleading or deceptive representations are also a no go, and suppliers will need to be wary of making false representations or failing to disclose a material fact regarding the condition of pre-owned vehicles to a consumer. Consumers have the right to cancel the sale should they feel they have been deceived."

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Royalty2008
Out of interest, firstly the "voetstoets" clause fell away a few years ago and is not considered a legal term any more. I can't find the site where I got this info, but my mom's lawyer is using this info in her case of buying a "rotten" vehicle (long story).

 

But, also keep in mind that under the new CPA, there are other terms / rules that have to be adhered to - especially with regards to the sale of a used vehicle.

From Voetsek Voetstoets: CPA is Good News for Motorists! | Liberia Used Cars

 

"The common law principle of buying a car voetstoets, or what you see is what you get, is now a thing of the past – with the new law, consumers will need to be made fully aware of what they are getting themselves into. False, misleading or deceptive representations are also a no go, and suppliers will need to be wary of making false representations or failing to disclose a material fact regarding the condition of pre-owned vehicles to a consumer. Consumers have the right to cancel the sale should they feel they have been deceived."

I most certainly agree with you. Having asked the Seller numerous questions he only responded by saying view view view. Why does he not state and say for instance gearbox need to be replaced, or no battery, or car was towed to the place for viewing, etcetera. I have noticed the upholstery is filthy. They could have sent it first for a decent valet.

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Royalty2008
Hi Royalty2008,

 

There is no need for concern for the buyer, it is clearly stated in the listing that the vehicle can/should first be viewed before bidding. This seller sold numerous vehicles before and did not get one negative rating for it yet.

 

As requested before, please post a link when referring to items. Thank you.

 

Car Auctions - CHANA BENNI LUX 2007 ### READ BEFORE BIDDING ### NO RESERVES for sale in Johannesburg (ID:39554934)

 

I don't agree with you. I have asked him so many questions, but he could not answer me on simple easy questions. I had to drive from Frankfort to Johannesburg just to see the vehicle, viewing and fully informed about the status of the vehicle is two different aspects. You do get other Sellers which submits a full specified list of the status of the vehicle concerned. Voetstoots does not exist any more. The Seller is the one who has to tell the potential buyer of all the patent and latent defects so that you do know what you are buying. The Consumer Act in this regard has amended this term.

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Mad about Jack

Please keep in mind that an auction sale is excluded from the CPA.

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Wild Olive Art
Please keep in mind that an auction sale is excluded from the CPA.

 

When buying a car from auctioneers , it is often the case that the full history of the car is not available . Auctioneers do not always have direct contact with the owner of the car - that's why buying a car on auction is often a bargain but you take the risk of buying a vehicle with faults that have not been detected .

There is nothing wrong with the auction in question and the fact that the seller recommends that the car be viewed before the auction is more than enough evidence that he has nothing to hide.

If you don't feel at ease purchasing a car in this manner , or are unable to view the vehicle before hand then don't bid on it ! The seller makes the terms of auction quite clear in the listing .

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Mad about Jack

I have bought from this seller before and had no issues, view before you bid, being not in Gauteng does complicates it though.

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mellowred

In the sellers defence, his auctions clearly state

14. PLEASE DONT PHONE OR ASK US VIA QUESTION AND ANSWER CONDITION RELATED QUESTIONS. BECAUSE WE ARE NOT QUALIFIED TO ANSWER SAVE FOR WHAT WE HAVE DETAILED HERE !!!!
so it really is a case of if you are interested - go and view, if you can't go and view rather don't bid.

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Mad about Jack

In an auction scenario, the correct term that has replaced voetstoets is "Sold with no duty to repair" and is noted in the CPA.

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dstorm

Hello Jack...nice to see you back.

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Mad about Jack
Hello Jack...nice to see you back.

 

Hi Jacques, goed en daar ?

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qball
Out of interest, firstly the "voetstoets" clause fell away a few years ago and is not considered a legal term any more. I can't find the site where I got this info, but my mom's lawyer is using this info in her case of buying a "rotten" vehicle (long story).

 

But, also keep in mind that under the new CPA, there are other terms / rules that have to be adhered to - especially with regards to the sale of a used vehicle.

 

From Voetsek Voetstoets: CPA is Good News for Motorists! | Liberia Used Cars

 

"The common law principle of buying a car voetstoets, or what you see is what you get, is now a thing of the past – with the new law, consumers will need to be made fully aware of what they are getting themselves into. False, misleading or deceptive representations are also a no go, and suppliers will need to be wary of making false representations or failing to disclose a material fact regarding the condition of pre-owned vehicles to a consumer. Consumers have the right to cancel the sale should they feel they have been deceived."

 

I wouldn't be too sure about that, rather seek legal counsel first before simply believing this, it could still apply...

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