Housing Development Schemes for Retired Persons Act, 1988 (Act No. 65 of 1988)8. Consequences of contracts which are void or are cancelled |
| (1) | Notwithstanding any other law, but subject to any power that a court may have and subject to 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 which has been declared void or has been cancelled under this Act, is entitled to recover from the other party what he has performed in terms of the contract, and, if the seller concerned is a developer— |
| (a) | the purchaser may in addition recover from the developer- |
| (i) | interest at the rate prescribed by regulation 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 land concerned or of the developer, in relation to the preservation of the land; or |
| (bb) | any improvement which enhances the market value of the land and was effected by him with the express or implied consent of the said owner or developer; and |
| (b) | the developer may in addition recover from the purchaser— |
| (i) | a reasonable compensation for the occupation or utilisation the purchaser may have had of the land; |
| (ii) | compensation for any damage caused intentionally or negligently to the land by the purchaser or any person for whose actions the purchaser may be liable. |
| (2) | Any alienation which does not comply with section 2(1), shall in all respects be valid ab initio if the purchaser has in terms of the alienation rendered the full compensation and the land concerned has been transferred to the purchaser or the housing interest concerned has otherwise been vested in him. |