The Limitations Law (66(1) 2012)

[Bart]

Hi Nigel

Can I just ask if the new limitations law applies to any contract. We bought on a complex where there are issues with the pool liners that need replacing. The developer has written to us saying that they will put right any issues but have actually done nothing. When we write to them they simply do not reply. We bought in 2007 and so if the law applies here, the 6 years is coming to an end. I wonder if the developer is simply stalling to get beyond the 6 years and then he can rest assured that we cannot take legal action?

Bart.

[Nigel Howarth]

Hi Bart,

The time period runs from the date the cause of action arose, which is not necessarily the date the contract was entered in many cases.

In your case I would imagine that the clock started ticking from when you wrote to the developer advising him of he problem - but you need to check with a lawyer to be sure.

Regards,

[Bart]

Thanks Nigel

I think maybe we will do that. I assume this doesn't only apply to mortgages then.

Bart

[Nigel Howarth]

I assume this doesn't only apply to mortgages then.

No it applies to a whole range of things, some of which you van see at Limitation time bomb six month fuse delay.

Regards,