Friday, May 6, 2011

VOETSTOOTS CLAUSE GETS A RED CARD?

Just as many soccer players got a few red cards last year with the world cup, our Voetstoots Clause may be on the same path.
The Consumer Protection Act, designed by the same person that was involved with the National Credit Act, has opened many doors for consumers to approach the court. The Act is welcomed by many, and while it beefs up protection for consumers, which is welcomed in many fields of trade, the Act may have unforeseen consequences for the consumer at large.
As mentioned the consumer will be able to approach the court with much ease, and as thus may be the upside, there is always a down side.
The consumer may feel the wrath of the retailers, wholesalers and manufactures as they take steps to minimize potential losses and pay for lawsuits. The consumer is largely protected by the Act and this is  about time. The consumer has always been abused in the property market with regards to the Voetstoots Clause. This is about to change, as the CPA will afford little power to save the dishonest seller. The seller will have to specify in detail all defects in the property, and will not be able to claim that he/she was of no knowledge to the defect.
Many is thus of the opinion that the Voetstoots clause has seen its red card.
For now we have to sit and wait.

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