Property Time-Sharing Control Act, 1983 (Act No. 75 of 1983)5. Invalidity of certain provisions |
| (1) | A provision in any contract whereby— |
| (a) | any person who acted on behalf of the seller in connection with the conclusion of the contract or the negotiations which preceded the conclusion of the contract, is appointed or is deemed to have been appointed as the agent of the purchaser; |
| (b) | the seller is exempted from liability for any act, omission or representation by any person acting on his behalf; |
| (c) | the liability of a seller to indemnify the purchaser against eviction is restricted or excluded; |
| (d) | the purchaser binds himself in advance to agree to an assignment by the seller of his obligations in terms of a contract, shall be null and void. |
| (2) | Any rouwkoop stipulation in a contract in terms of which the purchaser is deemed to have terminated the contract on account of any act or omission on his part and he, in consequence thereof, is liable for any forfeiture or for the payment of a penalty or damages or for the delivery or performance of anything, or any other stipulation of like import, is subject to the Conventional Penalties Act, 1962 (Act No. 15 of 1962), as if the stipulation were a penalty stipulation contemplated in that Act. |