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SALE OF LAND ACT 1962 - SECT 9AB

Disclosure of works

S. 9AB(1) amended by No. 53/1988 s. 45(Sch. 2 items 53, 54).

    (1)     The vendor shall disclose in a prescribed contract of sale of a lot details of any works affecting the natural surface level of the land in the lot or any land abutting the lot which is in the same subdivision as the lot which to the vendor's knowledge—

S. 9AB(1)(a) amended by No. 53/1988 s. 45(Sch. 2 item 52).

        (a)     have been carried out on that land after the certification of the plan of subdivision and before the date of the contract; or

        (b)     are at the date of the contract being carried out or proposed to be carried out on that land.

S. 9AB(2) amended by No. 53/1988 s. 45(Sch. 2 items 53, 54).

    (2)     The vendor under a prescribed contract of sale of a lot shall disclose to the purchaser details of any works affecting the natural surface level of the land in the lot or of any land abutting the lot which is in the same subdivision as the lot which have not been disclosed in the prescribed contract of sale and which to the vendor's knowledge—

S. 9AB(2)(a) amended by No. 53/1988 s. 45(Sch. 2 item 55).

        (a)     have been carried out on that land after the date of the contract and before the registration of the plan of subdivision; or

S. 9AB(2)(b) amended by No. 53/1988 s. 45(Sch. 2 item 55).

        (b)     after the date of the contract and before the registration of the plan of subdivision have been commenced to be carried out or are proposed to be carried out on the land.

    (3)     The vendor shall make a disclosure under subsection (2) in writing as soon as practicable after the details required to be disclosed come to the knowledge of the vendor.

    (4)     If—

        (a)     any works referred to in subsection (1) or (2) have been, are being or are to be carried out at the direction of a municipality or public authority; and

        (b)     the vendor has been required to submit plans of the works or proposed works to the municipality or public authority—

the vendor shall—

        (c)     in the case of a disclosure under subsection (1), include a copy of the plans in the prescribed contract of sale; and

        (d)     in the case of a disclosure under subsection (2), provide the purchaser with a copy of the plans at the time of that disclosure.

    (5)     If the vendor under a prescribed contract of sale knowingly or recklessly—

        (a)     supplies false information to the purchaser under this section; or

        (b)     fails to supply all the information required to be supplied to the purchaser under this section—

the vendor shall be guilty of an offence and liable to a penalty of not more than 50 penalty units.

S. 9AC inserted by No. 10216 s. 5.



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