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

9. Consequences of contracts which are void or are cancelled

 

(1) Subject to the provisions of subsection (2), any person who has performed partially or in full in terms of a contract which is of no force or effect in terms of section 2 (1) or a contract which has been declared void in terms of the provisions of section 8 (1)(c), or has been cancelled under this Act, is entitled to recover from the other party what he has performed under the contract, and—
(a) the purchaser may in addition recover from the seller
(i) interest at the prescribed rate on any payment that he made in terms of the contract, from the date of the payment to the date of recovery;
(ii) a reasonable compensation for—
aa) necessary expenditure he had incurred, with or without the authority of the owner of the relevant accommodation or the seller concerned, in regard to the preservation of the accommodation; or
(bb) any improvement which enhances the market value of the relevant accommodation and was effected by him with the express or implied consent of the said owner or seller; and
(b) the seller may in addition recover from the purchaser—
(i) a reasonable compensation for the occupation or use the purchaser may have had of the accommodation;
(ii) compensation for any damage caused intentionally or negligently to the accommodation by the purchaser or any person for whose actions the purchaser may be liable.

 

(2) Any alienation which does not comply with the provisions of section 2 (1) shall in all respects be valid ab initio if the purchaser has in terms of the alienation rendered the full consideration and the relevant time-sharing interest has been transferred to or has otherwise been vested in the purchaser.

 

 


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