New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 16DBB

16DBB Person may rescind kit home contract if cooling-off warning not given

(1) This section applies to a contract for the supply of a kit home to which section 16DBA applies.

(2) If a contract does not contain a statement relating to the cooling-off period and a person's rights under section 16DBA (as required by section 16D(2)(f)), a person (other than the kit home supplier) may, by notice in writing, rescind the contract within 7 days of becoming aware that the contract should have contained such a notice.

(3) The notice must state that the person rescinds the contract and must be given--

(a) to the kit home supplier personally, or

(b) by leaving it at the address shown in the contract as the address of the kit home supplier, or

(c) by serving it on the kit home supplier in accordance with any notice or service provision in the contract.

(4) The notice must be given in the form approved by the Secretary, if any.

(5) If a notice is given in accordance with this section the contract is taken to be rescinded from the time it was signed, but subject to the rights and obligations conferred by this section.

(6) A contract can be rescinded under this section even if work has been done under the contract at the time of rescission.

(7) If a contract is rescinded under this section, the kit home supplier is entitled to a reasonable price for anything done under the contract to the date the contract is rescinded.

(8) However, a kit home supplier may not recover under subsection (7) more than the kit home supplier would have been entitled to recover under the contract.