Victorian Current Acts Victorian Current Acts(1) A purchaser shall not be prejudicially affected by notice of any instrument, fact or thing unless—
(a) it is within his own knowledge, or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him; or
S. 199(1)(b) amended by No. 35/1996 s. 453(Sch. 1 item 68.3 (a)(b)).
(b) in the same transaction with respect to which a question of notice to the purchaser arises, it has come to the knowledge of his legal practitioner or other agent, as such, or would have come to the knowledge of his legal practitioner or other agent, as such, if such inquiries and inspections had been made as ought reasonably to have been made by the legal practitioner or other agent.
(2) This section shall not exempt a purchaser from any liability under, or any obligation to perform or observe, any covenant condition, provision or restriction contained in any instrument under which his title is derived, mediately or immediately; and such liability or obligation may be enforced in the same manner and to the same extent as if this section had not been passed.
(3) A purchaser shall not by reason of anything in this section be affected by notice in any case where he would not have been so affected if this section had not been passed.
(4) This section shall apply to purchases made either before or after the commencement of this Act.
No. 3754 s. 200.