The Consumer Protection Act
In terms of our common law, contracting parties are all regarded as being equal and the courts will uphold the terms of an agreement – even where such terms might work unfairly against one of the contracting parties.
The courts usually refer to this as the ‘sanctity’ of contracts and the court will not look at the negotiations that preceded the signing of the agreement.
In terms of the CPA, our common law will be fundamentally changed and the courts are now obliged to also look at the conduct of the parties prior to the conclusion of the contract, in conjunction with the terms of a contract. The court can declare a contract to be void and unenforceable if it falls foul of the Act, or if the conduct of the supplier of goods or services that preceded the conclusion of the contract, such as the marketing and advertising of a product or services, was unfair or unjust.
The manner in which we do business will likewise be changed fundamentally and this applies to the Real Estate industry.
To ensure that you have access to all the facts, Click this link to download a copy of the Consumer Protection Act.