AustLII Tasmanian Consolidated Acts

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STRATA TITLES ACT 1998 - SECT 62

Implied term in contract for sale of lot or proposed lot in community development scheme

(1)  The developer under a community development scheme warrants to any person who purchases a lot or a proposed lot in the scheme that the development will be carried out in accordance with the scheme.
(2)  A warranty under subsection (1)  –
(a) is enforceable in the same way as a contractual warranty; and
(b) cannot be limited or excluded by contract.
(3)  Without limiting the damages that may be recovered for breach of the statutory warranty, the owner of a lot may recover damages for the loss of a reasonably expected capital appreciation of the lot that would have resulted from completion of the development in accordance with the terms of the scheme.



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