Section 5: Right of hirer to determine agreement

5. Right of hirer to determine agreement (1) A hirer shall, at any time before the final payment under a hire purchase agreement falls due, be entitled to determine the agreement by giving notice of termination in writing by registered post to the dealer. (2) Where a hire purchase agreement has been determined under this section, the hirer shall, where he has failed to take reasonable care of the goods, be liable to pay damages for the failure. (3) Where a hirer determines a hire purchase agreement and wrongfully retains possession of the goods, the dealer may bring an action to recover possession of the goods. (4) In an action brought under subsection (3), the Court shall, unless it is satisfied that, having regard to the circumstances it would not be just to do so, order the goods to be delivered to the dealer, without giving the hirer an option to pay the unpaid balance of the hire purchase price of the goods. H5 – 5 [Issue 9] Hire Purchase and Credit Sales Act (5) Where a hirer, having determined a hire purchase agreement under this section, decides to retain possession of the goods, he shall pay the unpaid balance of the chargeable price, but shall not be liable to payment of any remaining charges. (6) Nothing in this section shall prejudice any right of a hirer to determine a hire purchase agreement otherwise than by virtue of this section. [S. 5 amended by Act 1 of 1995; Act 26 of 2000.]