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  • 1. Is a sale of land agreement where the purchaser pays the purchase price to the seller

    • in more than two instalments
    • over a period exceeding one year

    ii    a)  Governed by Chapter II of the Alienation of Land Act (68 of 1981)
          b)  as well as the National Credit Act 34 of 2005

    • consumer credit legislation

    iii   ‘Land’ means any land used or intended to be used mainly for residential purposes

    • excludes agricultural land
    • includes a sectional title unit and in any undivided share in the land

    iv   Seller retains ownership of land
    v    Contract is recorded against title deed

    2. “Is a ‘contract’ as defined in Section 1 the Alienation of Land Act (68 of 1981) deemed to be a  agreement for purposes of the National Credit Act?”

    i. When the purchaser/lessee is a juristic person: