Question
James Stewart offers his house for sale. Tshepo Madlingozi is particularly interested in buying the house. He visits the house on a couple of occasions.
James Stewart offers his house for sale. Tshepo Madlingozi is particularly interested in buying the house. He visits the house on a couple of occasions. There are carpets against the walls and large artworks throughout the house. He makes an offer on the property and James accepts the offer. The parties both sign a written deed of sale containing all the essentalia of a contract of sale. When Tshepo moves into the property a couple of weeks later, with all the carpets against the walls and artworks removed, it becomes apparent to Tshepo that the house has a serious problem with damp and possible water leaks as there are many water leak marks throughout the house. With reference to the naturalia and incidentalia of a contract of sale, having a copy of the contract of sale available, and trying to assist Tshepo as best you can to resile from the contract, which clause(s) would you look for this in the written contract, and depending on which clauses you find, how would you advise Tshepo?
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