Protecting vulnerable purchasers of immovable property against fraud and misrepresentation

Abstract

There’s a general rule in South African law that says a party cannot raise the defence of estoppel successfully if it would lead to the enforcement of a void contract. The research project aims to expose and protect vulnerable purchasers of immovable property against scrupulous sellers of immovable property in circumstances where guilty parties fraudulently misrepresent certain facts to cause innocent parties not to comply with statutory requirements in terms of section 2(1) of the Alienation of Land Act knowing well enough that they cannot rely on estoppel because it would lead to the enforcement of an unlawful contract. The research proposes alternative solutions to solve this predicament.