Housing Development Schemes for Retired Persons Act, 1988 (Act No. 65 of 1988) > 9. Relief that court may grant in respect of contracts

(1)

Notwithstanding any other law, but subject to any other power that a court may have, if a contract does not substantially comply with sections 3 and 4(1), or if a seller has failed to meet any obligation under a contract or has contravened or has failed to comply with any provision of a regulation, and a purchaser proves that he has in consequence thereof suffered any prejudice, a court in whose area of jurisdiction the land to which the contract relates is situated, provided appropriate proceedings are instituted by the purchaser within a period of three years from the date upon which the contract was concluded, is 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 housing interest concerned, have jurisdiction to grant any relief contemplated in subsection (1).