What is a General Sale Agreement?
A general sale agreement is a comprehensive legal contract used when movable property changes hands. This includes office furniture, business equipment, machinery, stock, or any other items that are not fixed to land. It is different from a property (real estate) sale agreement, which is governed by the Alienation of Land Act.
The agreement sets out who the seller and purchaser are, what is being sold, the purchase price, how and when payment will happen, and what happens if something goes wrong.
16 Clauses of Protection
A properly drafted sale agreement covers interpretation, definitions, the sale itself, risk transfer, purchase price, delivery, warranties, breach, legal costs, general provisions, domicilium, and special conditions.
What Does Voetstoots Mean?
Voetstoots is one of the most important clauses in any sale agreement. It means the property is sold "as is" in its current condition. The seller makes no warranties about the quality, condition, or suitability of the items being sold.
This protects the seller from claims after the sale. However, if the seller deliberately concealed a known defect, the voetstoots clause does not protect them and the purchaser can take legal action.
"Inspect before you buy. Once a voetstoots agreement is signed, you accept the items with all their faults."
Risk and Delivery
The agreement specifies when risk passes from the seller to the purchaser. In most cases, risk passes on the date of delivery. This means that once the purchaser takes possession, they are responsible for any damage, loss or theft, even if the full purchase price has not been paid yet.
The delivery date is clearly stated in the agreement, giving both parties certainty about when the items change hands.
What Happens if Someone Breaches the Contract?
The breach clause gives both parties clear recourse. If either party breaches the agreement, they have 5 business days to fix the problem after receiving written notice. If they fail to do so, the innocent party can:
- Cancel the agreement immediately
- Compel performance (force the other party to fulfil their obligations)
- Claim legal costs on attorney-client scale, including collection charges and tracing fees
Domicilium and Special Conditions
The domicilium clause specifies the physical addresses where legal notices can be delivered. These cannot be postal boxes. Notices delivered by hand are presumed received on delivery; notices by email or fax are presumed received on the date of transmission.
The special conditions section (clause 16) allows both parties to add up to two custom conditions specific to their transaction. For example, requiring proof of ownership, an inspection report, or specific delivery arrangements.
How to Order a Sale Agreement Online
At Anel Krog Attorneys, you can order a general sale agreement online for R500. The agreement is drafted by an admitted attorney and covers all 16 clauses.
The process takes less than 10 minutes:
- Enter the seller and purchaser details (including representatives)
- Describe the property being sold and the purchase price
- Add domicilium addresses and any special conditions
- Pay R500 securely online via PayFast
Your completed agreement is emailed to you as an editable Word document within 30 minutes.
Protect Your Sale
Order a professionally drafted general sale agreement. Attorney drafted, delivered in 30 minutes.
Frequently Asked Questions
What is a general sale agreement?
A general sale agreement is a comprehensive legal contract between a seller and purchaser for the sale of movable property, business assets, equipment or other items. It covers 16 clauses including purchase price, delivery, warranties, breach, legal costs and domicilium.
What does voetstoots mean?
Voetstoots means the property is sold "as is" in its current condition. The purchaser accepts it with all faults and the seller is not liable for defects, unless the seller deliberately concealed a known defect.
Can I add special conditions to a sale agreement?
Yes. The sale agreement includes a Special Conditions section (clause 16) where you can add up to two custom conditions specific to your transaction, such as inspection requirements or proof of ownership.
