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Property Time-Sharing Control Act, 1983 (Act No. 75 of 1983)

8. Relief that court may grant in respect of contracts

 

(1) Notwithstanding the provisions of any law to the contrary but subject to any other powers that any court may have, if a contract does not substantially comply with any provision of section 3 or 4(1), or if a seller has contravened or has failed to comply with any provision of a regulation made under section 12, and a purchaser proves that he has in consequence thereof suffered any prejudice, a court within whose area of jurisdiction the accommodation referred to in the contract is situated is, if appropriate proceedings are instituted by the purchaser within a period of two years from the date upon which the contract was concluded, competent—
(a) to reduce the rate of interest payable to the seller in terms of the contract to such rate as it may deem just and equitable in the circumstances;
(b) to grant an order for rectification of the contract;
(c) to declare the contract to be void ab initio; or
(d) to grant such alternative relief as it may deem fit.

 

(2) A magistrate's court shall, notwithstanding the value of the relevant time‑sharing interest, have jurisdiction to grant any relief contemplated in subsection (1).