Legal Question in Real Estate Law in Zimbabwe
can a previous owner claim back the property i just bought saying they sold by mistake at a price below market value
1 Answer from Attorneys
yes they can claim if they can prove that there was an comon mistake on both parties or that their was Fraudulent misrepresentation
the qsn is Did the mistake prevent parties from reaching any agreement?Additionally,there is a special rule for Documents mistakenly signed.See stevens&Borrie;,1978,page 62.
the mistake must be to one of the following
;1.mistake as to identity
2.mistake as to subject- matter
3. mistake as to terms
4.mistake as to quality
5.mistake in signing a different document
if they can prove one of the above issues in Zimbabwe ,the seller has a cause of action.
however they must get a court order to claim back the property