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Private Sale Agreement

R299

Create a private sale agreement for the sale of movable goods, equipment, furniture, electronics, livestock, tools, vehicles, stock, or personal property between private parties.

A Private Sale Agreement is used where a seller and buyer record the sale of personal or movable property outside a formal retail transaction. It helps avoid disputes about the price, item description, condition, defects, delivery, payment, ownership, risk, and warranties.

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South African legal context (2026 checklist)

The agreement should clearly describe the item sold and any known defects. A voetstoots or “as is” clause may assist a private seller, but it should not be used to hide known defects or mislead the buyer. If the seller supplies goods in the ordinary course of business, consumer-protection laws may apply more strongly than in a once-off private sale.

  • South African common law of sale
  • South African common law of contract
  • Consumer Protection Act 68 of 2008, where applicable
  • National Road Traffic Act 93 of 1996, where a vehicle is sold
  • Electronic Communications and Transactions Act 25 of 2002
  • Protection of Personal Information Act 4 of 2013
  • Prescription Act 68 of 1969

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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Who is the seller?
Who is the seller?
Who is the buyer?
Who is the buyer?
What item or goods are being sold?
What item or goods are being sold?
What is the purchase price?
What is the purchase price?
Will payment be once-off or in instalments?
Will payment be once-off or in instalments?
When and where will delivery take place?
When and where will delivery take place?
When does ownership pass to the buyer?
When does ownership pass to the buyer?
When does risk pass to the buyer?
When does risk pass to the buyer?
Is the item sold voetstoots or with warranties?
Is the item sold voetstoots or with warranties?
Are there known defects that must be disclosed?
Are there known defects that must be disclosed?
Are documents, manuals, keys, licences, or accessories included?
Are documents, manuals, keys, licences, or accessories included?
What happens if either party fails to perform?
What happens if either party fails to perform?

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