When a property sale is cancelled after damage has occurred, who carries the cost? A recent High Court ruling highlights why risk clauses, accurate condition records and the cancellation date can have major financial consequences.

When a property sale is cancelled after damage has occurred, who carries the cost? A recent High Court ruling highlights why risk clauses, accurate condition records and the cancellation date can have major financial consequences.
A Marina Da Gama property. A collapsed wooden deck. A purchase price of R1.55 million and repair costs claimed of just over R100 000. The facts are not complicated. But the legal battle that followed lasted more than a decade.
With its innate potential for conflict between competing rights, community living requires a fine balancing act between the individual rights of owners and residents, and the rights of the community as a whole.
February, with its Valentine’s Day chocolates, roses and declarations of undying love, should be a month for romance, not legal niceties. But in the real world, love and the law are inextricably linked because any relationship’s structure and consequences are inevitably governed by legal principles. Losing sight of that can expose you to unnecessary angst, dispute, and litigation.

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