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R 385.00
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). |