There are various options available to parties in a sale of immovable property regarding the structuring of payment of the purchase price. An agreement between a seller and purchaser amounting to the sale of immovable property in instalments, can bring about uncertainty as to the applicability and implications of the National Credit Act (NCA).
Whether or not the NCA will be applicable to the relationship between the parties, depends largely on the wording and terms of the agreement as the NCA contains extensive criteria. Generally speaking, the NCA will be applicable where the agreement provides for payment of interest or charges payable in addition to the purchase price.
Contact Annetjie for assistance in assessing the applicability and impact of the NCA on your transaction.