Property Advice

The CPA – buyers’ remorse

Private Property South Africa
Ismael Laher |
The CPA – buyers’ remorse

Under the Consumer Protection Act (CPA) there is now a wide scope for people suffering from buyers’ remorse to cancel the transaction at a very late stage without any real reason as the property will only be delivered to the purchaser after formal transfer has taken place. This will result in the registration of the transfer having to be cancelled and additional costs being incurred by the seller. The seller is also then required to return any payment already received from the purchaser, provided that the purchaser returns the property.

This has the potential to cause chaos at the deeds office, In addition to the chance of incorrectly captured records, the registration process will be slowed down even further due to the additional demand on and work for the deeds office. There may also be an administrative nightmare obtaining the requisite approvals and consents to cancel a transfer. A problem will also be created in the status of ownership in the gap between registration of the transfer and the cancellation of registration as the transaction has been cancelled but the purchaser is still the owner of the property.

Related Articles

Ismael Laher | 08 Mar 2012

The CPA – seller and agent may be liable

In terms of the Consumer Protection Act (CPA), should the courts determine that a transaction or agreement was, in whole, or in part, unconscionable, unjust, unreasonable or unfair, the court may make any order it considers just ...

Ismael Laher | 08 Mar 2012

The CPA – the voetstoets clause

The new consumer rights created by the Consumer Protection Act (CPA) will prevent the sale of property voetstoets when that sale occurs in the ordinary course of business. Voetstoets is the sale of something as it is, with all ...

Cathy Nolan | 22 Dec 2011

Buying a home: you don’t have to go it alone

Buying a property is a big decision – possibly one of the most momentous decisions you’ll ever make and one that has the potential to affect your financial well-being far into the future. So it ...

sample image of property alerts

Get instant property alerts

Be the first to see new properties for sale.
;