Sheriff of Vereeniging v Awe and Another (40609/2012)
Sheriff of Vereeniging v Awe and Another (40609/2012) [2016] ZAGPPHC 1013 (30 October 2016)
The court found that the conditions of sale in execution were invalid and unenforceable because the amounts due for municipal rates and charges were not disclosed prior to the signing of the agreement. The respondents only became aware of these amounts months later, making compliance impossible. The relief sought by the applicant was based on non-compliance with invalid contractual terms, and therefore, the application for cancellation was untenable. The sale in execution was declared invalid and cancelled, and the applicant was ordered to refund all monies paid by the respondents and to pay…
Source excerpt
- Sale In Execution
- Municipal Clearance Certificate
- Invalid Contractual Terms
- Sectional Titles Act
- Refund Of Purchase Price