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— |
| (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. |