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RETIREMENT VILLAGES ACT 1999 - SECT 33
Rescission of village contract on grounds relating to disclosure statement
(1) If a disclosure statement is not provided in accordance with this Act, or
if the information in it is false or misleading in a material particular, the
person to whom (or on whose behalf) it was provided may, within 3 months after
occupying residential premises in the village, apply to the Tribunal for an
order allowing the person to rescind any village contract to which the person
and the operator of the village are parties.
(2) The Tribunal is not to make
an order referred to in subsection (1) if it is of the opinion that-- (a) the
disclosure statement was provided in accordance with this Act, or
(b) the
information in the disclosure statement is not false or misleading in a
material particular, or
(c) the operator acted reasonably and honestly and
ought to be excused for the failure to provide accurate information, or to
provide the disclosure statement in accordance with this Act, or
(d) the
person to whom (or on whose behalf) the disclosure statement was provided is
in substantially as good a position as he or she would have been had the
failure not occurred.
(3) If the Tribunal makes the order sought-- (a) it may
also make an order as to compensation payable to the person by the operator of
the village, and
(b) the person may, by notice in writing to the operator,
rescind the contract.
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