Queensland Consolidated Acts
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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 223
223 Implied warranties
(1) The warranties stated in this section are implied in a contract for the
sale of a lot.
(2) The seller warrants that, as at the date of the
(a) to the seller’s knowledge, there are no latent or patent
defects in the common property or body corporate assets, other than the
(i) defects arising through fair wear and tear;
disclosed in the contract; and
(b) the body corporate records do not disclose
any defects to which the warranty in paragraph (a) applies; and
(c) to the
seller’s knowledge, there are no actual, contingent or expected liabilities
of the body corporate that are not part of the body corporate’s normal
operating expenses, other than liabilities disclosed in the contract; and
the body corporate records do not disclose any liabilities of the body
corporate to which the warranty in paragraph (c) applies.
(3) The seller
warrants that, as at the completion of the contract, to the seller’s
knowledge, there are no circumstances (other than circumstances disclosed in
the contract) in relation to the affairs of the body corporate likely to
materially prejudice the buyer.
1 An administrator has been
appointed under the order of an adjudicator under the dispute resolution
2 The body corporate has failed to comply with the provisions of
this Act to the extent that its affairs are in disarray, records are
incomplete and there is no reasonable prospect of the buyer finding out
whether the warranty mentioned in subsection (2) (b) has been breached.
(4) For subsection (2) , a seller is taken to have knowledge of a matter if
the seller has actual knowledge of the matter or ought reasonably to have
knowledge of the matter.
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